[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Proposed Rules]
[Pages 17624-17657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05886]



[[Page 17623]]

Vol. 85

Monday,

No. 61

March 30, 2020

Part II





Department of Transportation





-----------------------------------------------------------------------





National Highway Traffic Safety Administration





-----------------------------------------------------------------------





49 CFR Part 571





Occupant Protection for Automated Driving Systems; Proposed Rule

  Federal Register / Vol. 85 , No. 61 / Monday, March 30, 2020 / 
Proposed Rules  

[[Page 17624]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2020-0014]
RIN 2127-AM06


Occupant Protection for Automated Driving Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This proposal is one of a series of regulatory actions that 
NHTSA is considering to address the near- and long-term challenges of 
testing and verifying compliance with the Federal motor vehicle safety 
standards (FMVSS) for vehicles equipped with Automated Driving Systems 
(ADS) that lack the traditional manual controls necessary for human 
drivers, but that are otherwise traditional vehicles with typical 
seating configurations. This document seeks to clarify the ambiguities 
in applying current crashworthiness standards to ADS-equipped vehicles 
without traditional manual controls, while maintaining the regulatory 
text's application to more traditional vehicles and vehicles equipped 
with ADS that may have alternate modes. This proposal is limited to the 
crashworthiness standards and provides a unified set of proposed 
regulatory text applicable to vehicles with and without ADS 
functionality. This NPRM builds on NHTSA's efforts to identify and 
address regulatory barriers to vehicles with unique designs that are 
equipped with ADS technologies, including the advance notice of 
proposed rulemaking on removing barriers in the crash avoidance (100 
Series) FMVSS in May 2019, the request for comments on this topic in 
January 2018, and the research that NHTSA is currently conducting. 
NHTSA also intends to issue a separate notice regarding removal of 
barriers in the FMVSS that pertain to telltales, indicators, alerts, 
and warnings in ADS-equipped vehicles.

DATES: You should submit your comments early enough to be received not 
later than May 29, 2020.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    You may call the Docket Management Facility at 202-366-9826.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, to www.regulations.gov, as 
described in the system of records notice, DOT/ALL-14 FDMS, accessible 
through www.transportation.gov/privacy. In order to facilitate comment 
tracking and response, we encourage commenters to provide their name, 
or the name of their organization; however, submission of names is 
completely optional. Whether or not commenters identify themselves, all 
timely comments will be fully considered.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit two copies, from which you have deleted the 
claimed confidential business information, to Docket Management at the 
address given above. When you send a comment containing information 
claimed to be confidential business information, you should include a 
cover letter setting forth the information specified in our 
confidential business information regulation (49 CFR part 512).

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Mr. Louis Molino, Office of Crashworthiness Standards, Telephone: 202-
366-1740, Facsimile: 202-493-2739. For legal issues, you may contact 
Ms. Sara R. Bennett, Office of Chief Counsel, Telephone: 202-366-2992. 
Facsimile: 202-366-3820. You may send mail to these officials at: The 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
    a. NHTSA's Prior Research and Public Engagement Efforts
    b. Impact of This NPRM on Current and Future Petitions for 
Exemption
    c. ADS Barriers Request for Comment
    d. Summary of Comments Received in Response to the ADS Barriers 
RFC That Apply to This Proposal
III. Limitations on Scope and Guiding Principles for Initial 
Identification and Removal of Regulatory Barriers
    a. Limitations on Scope
    b. Guiding Principles to NHTSA's Approach in Updating the 
Crashworthiness FMVSS to Account for ADSs
    1. Maintain Current Performance Requirements
    2. Reduce Unnecessary Regulatory Barriers and Uncertainty for 
Manufacturers
    3. Maintain the Current Regulatory Text Structure
    4. Remain Technology Neutral
IV. Maintaining Original Safety Intent and Performance Requirements
    a. Application to Crashworthiness Standards
V. New and Current Definitions in Part 571.3
    a. Approach to Driver Definition for This NPRM
    b. New, Modified and Relocated Definitions
VI. Changes to the Regulatory Text of the Affected Standards
    a. FMVSS No. 208; ``Occupant crash protection''
    1. Application to Vehicles Without Designated Seating Positions
    2. Textual Modifications Addressing That There May Be No 
Driver's Seat and Multiple Outboard Passenger Seats
    3. The Treatment of Outboard Versus Center Seating Positions in 
the Front Row of Light Vehicles
    4. Treatment of Advanced Air Bags
    5. Advanced Air Bag Suppression Telltale for Passenger Air Bags
    6. Treatment of ADS Vehicles With Driving Controls When Children 
Are in the Driver's Seat
    7. Driver's Seat Used as a Spatial Reference
    8. Direct Translations
    9. Minor Editorial Revisions
    10. Regulatory Text Not Modified Due to Non-Active Requirements
    b. FMVSS No. 201; Occupant Protection in Interior Impacts
    1. Application Section

[[Page 17625]]

    2. Modifications To Address That There May Be No Driver's Seat 
and Multiple Outboard Passenger Seats
    3. Driver's Seat Used as Spatial Reference
    4. Steering Control Used as a Spatial Reference
    c. FMVSS No. 203; Impact Protection for the Drivers From the 
Steering Control System, and FMVSS No. 204; Steering Control 
Rearward Displacement
    d. FMVSS No. 205; Glazing Materials
    e. FMVSS No. 206; Door Locks and Door Retention Components
    f. FMVSS No. 207; Seating Systems
    g. FMVSS No. 214; Side Impact Protection
    h. FMVSS No. 216a; Roof Crush Resistance
    i. FMVSS No. 225; Child Restraint Anchorage Systems
    j. FMVSS No. 226; Ejection Mitigation
    k. Regulatory Text Related to Parking Brake and Transmission 
Position
VII. Cost Impacts of This Modernization Effort
VIII. Regulatory Notices and Analyses
    a. Executive Order 13771
    b. Executive Order 12866, Executive Order 13563, and DOT 
Regulatory Policies and Procedures
    c. Regulatory Flexibility Act
    d. Executive Order 13132 (Federalism)
    e. Executive Order 12988 (Civil Justice Reform)
    f. Executive Order 13045 (Protection of Children From 
Environmental Health and Safety Risks)
    g. Executive Order 13609, Promoting International Regulatory 
Cooperation
    h. Paperwork Reduction Act
    i. National Technology Transfer and Advancement Act
    j. Unfunded Mandates Reform Act
    k. National Environmental Policy Act
    l. Plain Language
    m. Regulation Identifier Number (RIN)
IX. Regulatory Text

I. Executive Summary

    The National Highway Traffic Safety Administration (NHTSA) is 
proposing to modernize many of its current crashworthiness \1\ (200 
Series) Federal motor vehicle safety standards (FMVSSs) to remove 
unnecessary barriers to Automated Driving System-equipped vehicles 
(ADS-equipped vehicles) and the unconventional interior designs that 
are expected to accompany these vehicles, including the lack of driving 
controls.\2\ This document and the modifications to the regulatory text 
discussed within it also take into account some dual-mode ADS-equipped 
vehicles, as defined by SAE International (SAE).\3\
---------------------------------------------------------------------------

    \1\ Throughout this notice, NHTSA uses ``crashworthiness'' and 
``occupant protection'' interchangeably because the agency considers 
the 200 Series FMVSSs to be focused on both.
    \2\ An ADS is defined as the ``hardware and software that are 
collectively capable of performing the entire [dynamic driving task] 
on a sustained basis, regardless of whether it is limited to a 
specific operational design domain (ODD); this term is used 
specifically to describe a Level 3, 4, or 5 driving automation 
system.'' SAE International J3016_201806 Taxonomy and Definitions 
for Terms Related to Driving Automation Systems for On-Road Motor 
Vehicles. While this document uses the term ``ADS-equipped vehicle'' 
it focuses on SAE Level 4 and Level 5 vehicles that lack traditional 
manual controls.
    \3\ An [ADS-Equipped] Dual-Mode Vehicle is defined as ``[a] type 
of ADS-equipped vehicle designed for both driverless operation and 
operation by a conventional driver for complete trips.'' SAE 
J3016_201806 Taxonomy and Definitions for Terms Related to Driving 
Automation Systems for On-Road Motor Vehicles.
---------------------------------------------------------------------------

    NHTSA's safety mission requires the agency to prioritize actions 
that reduce traffic accidents and deaths and injuries resulting from 
motor vehicle crashes.\4\ Enabling innovation with lifesaving potential 
is also a priority for the agency, and the agency believes that ADS-
equipped vehicles may have lifesaving potential. Even so, as much of 
this potential is currently unsubstantiated and the impacts unknown, 
the agency believes the most prudent path forward is to remove 
unnecessary barriers to innovation while ensuring that occupants 
continue to receive the same protections afforded by existing 
regulations. Specifically, this Notice of Proposed Rulemaking (NPRM) 
proposes to modernize portions of the FMVSSs listed below, by making 
definitional or textual changes. We have tentatively determined that 
changes are not required for the remainder of the 200 Series FMVSS to 
achieve the goal of this NPRM, but NHTSA seeks comment as to whether 
additional changes are necessary or appropriate and all other aspects 
of this proposal.
---------------------------------------------------------------------------

    \4\ 49 U.S.C. 30101.

--FMVSS No. 201; Occupant protection in interior impact.
--FMVSS No. 203; Impact protection for the driver from the steering 
control system.
--FMVSS No. 204; Steering control rearward displacement.
--FMVSS No. 205, Glazing materials.
--FMVSS No. 206; Door locks and door retention components.
--FMVSS No. 207; Seating systems.
--FMVSS No. 208; Occupant crash protection.
--FMVSS No. 214; Side impact protection.
--FMVSS No. 216a; Roof crush resistance; Upgraded standard.
--FMVSS No. 225; Child restraint anchorage systems.
--FMVSS No. 226; Ejection Mitigation.

    The modifications proposed in this document accomplish several 
high-level changes that span one or more of the standards listed above 
and are discussed in greater detail in Section VI.
    The first high-level change is the modification, addition, or 
relocation of key definitions throughout 49 CFR part 571. This proposal 
defines ``driver air bag,'' ``driver dummy,'' ``driver's designated 
seating position,'' ``passenger seating position,'' and ``steering 
control system.'' These definitions become the supporting definitions 
that clarify application of the FMVSSs to ADS-equipped vehicles while 
maintaining their application to traditional vehicles and minimizing 
textual disruption. NHTSA also proposes to add a new term, ``manually-
operated driving controls'' and move the definition of ``row'' from 
FMVSS No. 226 to Part 571.3. In addition, NHTSA proposes to move the 
definition of ``steering control system'' from FMVSS No. 203 to Part 
571.3.
    Second, this proposal clarifies the application of some occupant 
protection standards to vehicles designed to carry objects, not 
occupants,\5\ and clarifies the applicability of standards designed to 
protect drivers from injury from the steering control system. The 
rationale behind these changes is that a vehicle that will only carry 
things, not people, would not require the protections currently in 
place that are designed to protect occupants. Vehicles not designed to 
carry occupants may require different protections to be in place, which 
are not the subject of this document.
---------------------------------------------------------------------------

    \5\ Dictionary.com defines an ``occupant'' as ``a person, 
family, group, or organization that lives in, occupies, or has 
quarters or space in or on something.'' Available at https://www.dictionary.com/browse/occupant.
---------------------------------------------------------------------------

    Third, this proposal addresses the protections required when there 
is not a steering wheel or steering column in a motor vehicle. The 
rationale discussed in this document is that an occupant should not 
need protection from a steering control system if none exists in that 
vehicle.
    Fourth, this document proposes to modify the regulatory text to 
address situations where there may be no driver's seat and multiple 
outboard passenger seats. This is accomplished primarily through the 
definitional modifications discussed in the first point, above.
    Fifth, this proposal discusses the treatment of advanced air bags 
and advanced air bag suppression telltales \6\ given the likely 
eventuality that child occupants of an ADS-equipped vehicle could one 
day sit in what we now consider the driver's seat, even though NHTSA 
guidance is, and expected to continue, that children under the age of

[[Page 17626]]

13 should be properly restrained in rear seating rows.
---------------------------------------------------------------------------

    \6\ Telltales are defined in FMVSS No. 101; Controls and 
displays, as ``an optical signal that, when illuminated, shows the 
actuation of a device, a correct or improper functioning or 
condition, or a vehicle system's failure to function.''
---------------------------------------------------------------------------

    Additionally, this document discusses and proposes modifications to 
the regulatory text where it currently uses the driver's seat or the 
steering control as a spatial reference point for other locations in 
the vehicle. Buses, dummy placement for vehicles with bench seats, and 
characterizing the side of a vehicle based upon proximity and 
orientation to the driver's seat are all discussed in detail.
    Finally, this proposal makes some minor editorial revisions and 
some clarifying modifications to ensure that industry and the public 
have a clear idea of how the occupant protection standards apply to 
ADS-equipped vehicles.
    NHTSA developed this notice of proposed rulemaking in consideration 
of comments the agency received in response to its January 18, 2018 
Request for Comments notice (RFC), which sought to identify regulatory 
barriers in existing FMVSSs to the testing and compliance verification 
of ADS-equipped vehicles with unconventional interior designs.\7\ 
Comments received from the RFC indicate that there is a belief that 
many of the regulatory barriers to certification of ADS vehicles in 
crashworthiness standards do not require research because they are 
primarily related to a clarification of terminology, particularly for 
``driver'' related terms. Commenters also seemed aligned with the 
concept that the crash protection afforded front seat occupants should 
be maintained for ADS vehicles. A more thorough discussion of the 
comments follows in later sections of this document.
---------------------------------------------------------------------------

    \7\ 83 FR 2607 (Jan. 18, 2018).
---------------------------------------------------------------------------

    The primary goal of this NPRM is to modify the existing FMVSS in a 
way that both maintains the occupant protection performance currently 
required by the 200 Series FMVSS while also providing regulatory 
certainty for manufacturers developing ADS-equipped vehicles and 
reducing unnecessary barriers and costs. NHTSA proposes to achieve this 
goal by primarily making textual and definitional changes throughout 
the 200 Series FMVSS and in 49 CFR 571.3. The proposed changes are 
based on the public feedback obtained through the RFC and information 
provided by stakeholders involved in ongoing NHTSA research.
    In this NPRM, the agency explains (with examples) its reasoning 
behind the various modifications of the regulatory text being proposed 
and why the agency has opted not to propose other changes. NHTSA notes 
that, while the proposed regulatory text modifications are included in 
this document, the agency will provide in the docket for this NPRM a 
supplemental document that contains the full regulatory text of each 
modified standard, illustrating the added and deleted regulatory text 
to ensure that the precise changes proposed are available to commenters 
with the full context of the unmodified regulatory text. This 
supplemental document is intended to aid the public by providing a 
side-by-side comparison of both the current and proposed regulatory 
text.
    Although this proposal attempts to resolve most of the barriers 
present in the occupant protection FMVSS, it does not address telltales 
and warnings as they relate to ADS vehicles where there is no 
requirement for any occupant to be seated in what is currently 
considered the driver's designated seating position (i.e., driver's 
seat). This is a broad topic that will be discussed in a future notice 
focused solely on these issues, where the agency can engage the 
stakeholder community on those issues requiring additional policy and 
technical discussion.\8\ The one exception to this statement is the 
availability of the telltale related to the suppression of frontal 
passenger air bags, which will be discussed in this document.
---------------------------------------------------------------------------

    \8\ Regulation Identifier Number 2127-AM07. More information 
available on the Unified Agenda: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2127-AM07.
---------------------------------------------------------------------------

II. Background

    The National Traffic and Motor Vehicle Safety Act (49 U.S.C. 
chapter 301) (``Safety Act'') prohibits regulated entities from 
manufacturing for sale, selling, offering for sale, introducing or 
delivering in interstate commerce, or importing into the United States 
any motor vehicle or equipment that does not comply with the FMVSSs.\9\ 
There are currently more than 60 FMVSSs that establish performance 
requirements to address a wide array of safety issues, such as occupant 
crash protection, fire protection, electrical protection, crash 
avoidance, and pedestrian safety. Almost all of these FMVSSs were 
promulgated long before vehicles equipped with ADS were contemplated, 
and thus, include a variety of assumptions surrounding who would be 
driving a vehicle, that the vehicle would have human occupants, and 
what protections drivers and occupants might need. Due to these 
assumptions, there are many actual and perceived barriers to the unique 
vehicle designs that are expected to accompany ADS-equipped vehicles 
that exist throughout the FMVSSs.
---------------------------------------------------------------------------

    \9\ 49 U.S.C. 30112(a).
---------------------------------------------------------------------------

a. NHTSA's Prior Research and Public Engagement Efforts

    NHTSA has spent the last several years evaluating its regulations 
as they apply to vehicles equipped with ADS, with the primary focus on 
identifying potential barriers. The agency has also conducted research 
and engaged the public through a variety of means to further inform its 
evaluation of the FMVSSs. NHTSA, in collaboration with the Volpe 
National Transportation Systems Center, conducted a preliminary report 
identifying barriers to the compliance testing and self-certification 
of ADS-equipped vehicles without traditional manual controls. In March 
2016, that report was published (the ``Volpe Report'').\10\ The report 
focused on FMVSS requirements that present barriers due to references 
to humans throughout those standards.\11\
---------------------------------------------------------------------------

    \10\ Kim, Perlman, Bogard, and Harrington (2016, March) Review 
of Federal Motor Vehicle Safety Standards (FMVSS) for Automated 
Vehicles, Preliminary Report. U.S. DOT Volpe Center, Cambridge, MA. 
Available at: https://rosap.ntl.bts.gov/view/dot/12260.
    \11\ The term `driver' is defined in Sec.  571.3 as follows: 
``Driver means the occupant of the motor vehicle seated immediately 
behind the steering control system.''
---------------------------------------------------------------------------

    Based on the Volpe Report findings, in 2017, NHTSA initiated work 
with the Virginia Tech Transportation Institute (VTTI) to expand upon 
the report by performing analysis and industry outreach to identify 
potential approaches for addressing certification and compliance 
verification barriers.\12\ Through this contract with NHTSA, VTTI 
taking a broader look at possible modifications to the current FMVSS 
regulatory text and test procedures that would both maintain safety and 
ensure regulatory certainty for manufacturers of ADS-equipped vehicles 
without traditional manual controls.
---------------------------------------------------------------------------

    \12\ The task award document states ``[t]he overall goal of this 
Task Order is to provide NHTSA findings and results needed to make 
informed decisions regarding the modification of FMVSS in relation 
to the certification and compliance verification of innovative new 
vehicle designs precipitated by automated driving systems.''
---------------------------------------------------------------------------

    The agency and the Department of Transportation (DOT) have also 
issued guidance focused on various aspects of ADS safety and safety of 
automation across the transportation sector. In September 2017, NHTSA 
and DOT released the guidance document Automated Driving Systems 2.0: A 
Vision for Safety to provide guidance to the public, particularly 
industry stakeholders and the States. A Vision for Safety discussed 12 
priority safety

[[Page 17627]]

design elements for manufacturers and other innovators involved in ADS 
development, including vehicle cybersecurity, human machine interface, 
crashworthiness, consumer education and training, and post-crash ADS 
behavior. In October 2018, DOT released Preparing for the Future of 
Transportation: Automated Vehicle 3.0, a complementary document to the 
2017 guidance that introduces guiding principles that will support 
Departmental programs and policies and describes the DOT's multi-modal 
strategy to address existing barriers to safety innovation and 
progress. It also communicates DOT's agenda to the public and 
stakeholders on important policy issues and identifies opportunities 
for cross-modal collaboration. DOT's automation principles are: (1) We 
will prioritize safety; (2) We will remain technology neutral; (3) We 
will modernize regulations; (4) We will encourage a consistent 
regulatory and operational environment; (5) We will prepare proactively 
for automation; and (6) We will protect and enhance the freedoms 
enjoyed by Americans.
    NHTSA and DOT have engaged stakeholders by holding several public 
events on topics surrounding vehicles equipped with ADS. On December 7, 
2017, DOT hosted a roundtable on voluntary data exchanges to accelerate 
the safe deployment of vehicles equipped with ADS. Later, on March 1, 
2018, DOT held a public listening session on automated vehicle policy 
to seek input on the development of Preparing for the Future of 
Transportation: Automated Vehicles 3.0. On March 6, 2018, NHTSA held a 
public meeting on regulatory barriers in the existing FMVSSs to the 
vehicles equipped with ADS and that have certain unconventional 
interior designs. NHTSA, coordinating with VTTI, also held two multi-
day public meetings on FMVSS considerations for ADS, to ensure that the 
agency was considering all viable options for the modernization of 
current FMVSS text and test procedures.
    Additionally, NHTSA has issued several notices in the last two 
years on issues surrounding the development and deployment of ADSs. One 
of which was a RFC on how best the agency should approach updating its 
standards, which is described in more detail in sections below. The 
second notice was an advance notice of proposed rulemaking (ANPRM) 
soliciting information from the public about whether and how best to 
develop a national pilot program for testing ADS-equipped vehicles in a 
safe manner. Third, NHTSA issued an ANPRM requesting information from 
the public on modernizing NHTSA crash avoidance standards (100 Series 
FMVSS) by removing unnecessary and unintended barriers.\13\
---------------------------------------------------------------------------

    \13\ 84 FR 24433 (May 28, 2019).
---------------------------------------------------------------------------

    While the agency works to identify unnecessary restrictions on 
nascent technologies with life-saving potential, it also recognizes 
that many of the protections that today's FMVSSs provide are broadly 
applicable to all vehicles, including ADS-equipped vehicles. The 
crashworthiness and occupant protection standards that NHTSA has put in 
place are examples of such standards. These standards and the 
associated technologies utilized in these standards have provided 
protections that have saved hundreds of thousands of lives over the 
last 50 plus years and the agency believes that the occupants of ADS-
equipped vehicles also need such protections since even a perfectly 
designed ADS will not be able to avoid all crashes.\14\ Thus, the 
agency's approach for the 200 Series FMVSSs is to clarify the 
unintentional barriers to innovation, ensure current protections are 
enjoyed by occupants of ADS-equipped vehicles, and conduct additional 
research on the remaining FMVSSs and occupant protection issues the 
agency is not currently able to address with textual or definitional 
changes. For occupant protection, some of the issues that require 
further research include novel seating arrangements (e.g., campfire 
seating; carriage-style seating), novel occupant seating postures 
(e.g., lay flat seating), rear seat protections, occupant seat use 
patterns, and transitions of traditional manual controls in dual-mode 
ADS-equipped vehicles (i.e., driving controls that can be stowed away 
while an ADS controls the vehicle).
---------------------------------------------------------------------------

    \14\ DOT HS 812 069, ``Lives Saved by Vehicle Safety 
Technologies and Associated Federal Motor Vehicle Safety Standards, 
1960 to 2012,'' January 2015.
---------------------------------------------------------------------------

b. Impact of This NPRM on Current and Future Petitions for Exemption

    Until NHTSA comprehensively amends all the FMVSSs to not explicitly 
or implicitly require manual controls, NHTSA expects that manufacturers 
of ADS-equipped vehicles without traditional manual controls will seek 
exemptions from those FMVSS requirements that implicitly or explicitly 
require manual controls. In addition, we believe that uncertainty 
related to the certifications of ADS-equipped vehicles with driving 
controls will result in exemption requests. NHTSA has statutory 
authority under 49 U.S.C. 30113 to grant manufacturers exemptions from 
FMVSS and Bumper Standard requirements for limited number of vehicles. 
NHTSA may only grant an exemption if a manufacturer demonstrates that 
an exemption would be in the public interest, would be consistent with 
the Safety Act, and would qualify under at least one of four enumerated 
statutory bases.\15\ NHTSA has promulgated regulations formalizing the 
procedures manufacturers must follow to seek an exemption at 49 CFR 
part 555.
---------------------------------------------------------------------------

    \15\ Three of the four exemption bases require that the 
manufacturer make some sort of documentary showing regarding the 
level of safety of the exempted vehicle. The remaining basis 
requires that the manufacturer show that an exemption is needed to 
avoid substantial economic hardship.
---------------------------------------------------------------------------

    Manufacturers applying for an exemption under 49 U.S.C. 30113 must 
make all the statutorily required showings for each FMVSS requirement 
with which an exempted vehicle would not comply. Given the number of 
FMVSS requirements that currently require or assume the presence of a 
driver or make reference to things such as the driver's seat, driver 
air bag or driver dummy, NHTSA expects that manufacturers of ADS-
equipped vehicles could potentially need to seek exemptions from dozens 
of FMVSS requirements.
    The proposed changes in this document will not eliminate the need 
for manufacturers of ADS-equipped vehicles to seek exemptions. However, 
the proposed changes could make the exemption process more efficient by 
reducing the number of standards from which manufacturers of ADS-
equipped vehicles must seek exemption, while maintaining the existing 
level of occupant protection provided by the current FMVSSs. The recent 
exemption petition from General Motors (GM) for their Zero-Emission 
Autonomous Vehicle (ZEAV), 84 FR 10182, provides an illustrative 
example of how this proposal could impact the exemption process. In 
that petition, GM requested exemption from 16 FMVSSs, six of which are 
crashworthiness standards that would be affected by this proposal 
(FMVSS Nos. 203, 204, 207, 208, 214, and 226). If the changes proposed 
by this document had been finalized at the time GM submitted its 
application, many of the requirements in these six standards either 
would not have applied to the ZEAV, or would have provided compliance 
options that would have allowed for certification.\16\
---------------------------------------------------------------------------

    \16\ We note that some of these standards include requirements 
for telltales or alerts, which would not be affected by the changes 
proposed in this notice, but are expected to be addressed in a 
future rulemaking. GM would still need to seek an exemption for 
these requirements even if the changes being proposed in this 
document are adopted.

---------------------------------------------------------------------------

[[Page 17628]]

c. ADS Barriers Request for Comment

    To begin the rulemaking process, NHTSA published a RFC on January 
18, 2018.\17\ This RFC requested information from the public to assist 
the agency in identifying any potential barriers in the existing FMVSS 
to the testing and compliance verification of ADS-equipped vehicles and 
certain unconventional interior designs that could be addressed without 
adversely affecting safety. That document focused primarily on vehicles 
equipped with ADS that lack certain controls that humans would use to 
control and navigate vehicles, such as brake pedals, steering wheels, 
and accelerator pedals. NHTSA solicited public input on how best the 
agency could approach the evaluation of current FMVSSs. The RFC asked a 
series of questions on identified and as of yet unidentified barriers 
in the FMVSSs, test procedure modifications, research issues, and how 
the agency should prioritize its research and rulemaking efforts. 
NHTSA's goal in publishing the RFC was to collect the information 
necessary to develop proposals to modernize its standards and launch 
research to support such proposals. Comments received in response to 
the RFC that are applicable to this proposal are summarized below.
---------------------------------------------------------------------------

    \17\ 83 FR 2607 (January 18, 2018).
---------------------------------------------------------------------------

d. Summary of Comments Received in Response to the ADS Barriers RFC 
That Apply to This Proposal

    The majority of comments received supported the concept of updating 
the FMVSSs, though some expressed concern with the timing of doing so. 
The Advocates for Highway and Auto Safety (``Advocates'') expressed 
concern with NHTSA working to remove barriers to ADS-equipped \18\ 
vehicles before evaluating the safety of vehicles equipped with ADSs 
and developing standards to govern the ADS's performance.\19\ The 
Center for Auto Safety agreed and commented that NHTSA and DOT should 
develop and put in place safeguards to protect the public from ADS-
equipped vehicles before removing barriers.\20\ The Center for Auto 
Safety commented that the American public have expressed discomfort and 
apprehension regarding ADS-equipped vehicles, and that safety should be 
NHTSA's primary focus, not ``paving the way for the success of 
businesses'' in the ADS market.\21\
---------------------------------------------------------------------------

    \18\ Advocates and other commenters used the term autonomous 
vehicle (AV) or highly automated vehicle (HAV) to refer to vehicles 
equipped with ADSs. For consistency in this document we will use the 
terms ADS or ADS-DV, as appropriate.
    \19\ Docket No. NHTSA-2018-0009-0086, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0086.
    \20\ Docket No. NHTSA-2018-0009-0083, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0083.
    \21\ Id.
---------------------------------------------------------------------------

    Consumer Watchdog echoed these concerns and added that it believes 
NHTSA is violating its safety mission by removing barriers.\22\ 
Consumer Watchdog stated that NHTSA should remove the ``right 
barriers'' and conduct research to develop new regulations of vehicles 
equipped with ADSs.
---------------------------------------------------------------------------

    \22\ Docket No. NHTSA-2018-0009-0085, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0085.
---------------------------------------------------------------------------

    The agency agrees that focusing on the removal of the ``right'' 
barriers is the first step, and the approach taken in this document 
makes as minimal changes as possible, while also making sure the 
occupant protections currently in place remain in place to benefit 
occupants of ADS-equipped vehicles. NHTSA is also conducting research 
on how best to extend this approach to the rest of the FMVSSs not 
covered in this document and is also conducting research on how the 
agency might test and evaluate the performance of ADSs. Additionally, 
NHTSA plans to issue a notice discussing potential safety principles 
that the agency could assess and validate the competence and safety of 
ADSs.\23\
---------------------------------------------------------------------------

    \23\ RIN 2127-AM15. More information is available at: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2127-AM15.
---------------------------------------------------------------------------

    A wide array of stakeholders expressed support in their comments 
for treating FMVSS modification differently for ADS-equipped vehicles 
designed to carry human occupants and ADS-equipped vehicles not 
designed to carry human occupants. For example, the Advocates 
questioned the need for occupant protection requirements for vehicles 
that will never carry occupants, while stressing that it believes all 
other FMVSS requirements (e.g., crash avoidance and post-crash 
survivability, both of which are outside the scope of this NPRM) should 
be retained to protect all road users.\24\ The Alliance of Automobile 
Manufacturers (Alliance) stated there may be a need to evaluate 
provisions of the FMVSS that could have implications for occupant-less 
ADS-equipped vehicles.\25\
---------------------------------------------------------------------------

    \24\ Docket No. NHTSA-2018-0009-0086, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0086.
    \25\ Docket No. NHTSA-2018-0009-0070, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0070.
---------------------------------------------------------------------------

    There also seemed to be agreement among most stakeholders that 
maintaining the current level of protection and performance offered by 
the 200 Series FMVSSs is an important goal in order to ensure the 
safety of all occupants. Many manufacturers commented that ADS-equipped 
vehicles that have conventional front row seating configurations and 
lack manual controls should have the same requirements and protections 
in all front seating positions. General Motors suggested that NHTSA 
complete this in the agency's initial efforts to remove barriers,\26\ 
and Waymo specifically recommended that NHTSA take the protections of 
the front right outboard passenger seat and apply those to front left 
outboard seating position (or what is considered a driver's seat in a 
vehicle with manual controls).\27\
---------------------------------------------------------------------------

    \26\ Docket No. NHTSA-2018-0009-0070, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0079.
    \27\ Docket No. NHTSA-2018-0009-0088, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0088.
---------------------------------------------------------------------------

    Some commenters commented extensively on the terms ``driver'' and 
``driver's seating position.'' Global Automakers stated that ``these 
references, as well as other driver reference type categories 
identified in the Volpe report, should be considered on a case-by-case 
basis for their potential impact on the ability to certify a vehicle 
consistent with Federal Standards.'' \28\ They also stated that it may 
be appropriate for some FMVSSs to require, for instance, that 
``driver's seat'' requirements apply to any front seating position 
occupant. Even so, Global Automakers commented that NHTSA should likely 
use a finite number of alternatives to address references to ``driver'' 
throughout the FMVSSs. Zoox Inc. (``Zoox'') also addressed the 
modification of the definition of ``driver'' and provided sample 
regulatory text in its comments.\29\ The definition of ``human driver'' 
that Zoox suggested is the current definition of ``driver'' found in 49 
CFR 571.3. Zoox suggested defining ``human driver'' and suggested 
modifying the current definition of ``driver'' to clarify its 
applicability to both humans and ADS. Zoox opined that it may also:

    \28\ Docket No. NHTSA-2018-0009-0095, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0095.
    \29\ Docket No. NHTSA-2018-0009-0089, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0089.

---------------------------------------------------------------------------

[[Page 17629]]

    [B]e appropriate to maintain a finite number of defined 
alternatives to addressing instances where the term `driver's seat' 
appears. For example, in some instances it may be appropriate to 
redefine the `driver's seat' as the `primary seating position as 
designated by the manufacturer.' For other regulations, an 
alternative could be to define the driver's seat as the `front left-
most seat.' One example of why this is important would be for 
standards concerning how a dummy may be positioned within the 
vehicle for the purposes of evaluating compliance with 
---------------------------------------------------------------------------
crashworthiness standards.\30\

    \30\ Docket No. NHTSA-2018-0009-0089, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0089.
---------------------------------------------------------------------------

    Some commenters provided detailed analysis of the particular 
barrier that they believe each standard poses, including the 
categorization and nature of the potential barrier. A summary of the 
discussion for particular standards is listed below by standard.
    --FMVSS No. 201; Occupant protection in interior impact.
    Many commenters agreed that FMVSS No. 201 would need clarification 
in order to remove barriers to ADS vehicles. Both the Alliance \31\ and 
Ford \32\ separated each FMVSS and Part Regulation into categories that 
described the extent and effect of the barrier, as they perceived them. 
Alliance and Ford both stated that FMVSS No. 201 contained language 
that did not fully contemplate ADSs, but included barriers that could 
be resolved with near-term solutions, such as language modifications, 
interpretations, and exemptions. Motor & Equipment Manufacturers 
Association commented that FMVSS No. 201 either was not applicable to 
ADSs or posed a barrier to these vehicles.\33\
---------------------------------------------------------------------------

    \31\ Docket No. NHTSA-2018-0009-0070, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0070.
    \32\ Docket No. NHTSA-2018-0009-0099, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0099.
    \33\ Docket No. NHTSA-2018-0009-0080, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0080.
---------------------------------------------------------------------------

    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the barriers 
posed by FMVSS No. 201 can and should be relatively easily resolved 
through language and definitional modifications. Thus, NHTSA proposes 
to modify the regulatory text of FMVSS No. 201, described in greater 
detail in later sections of this document.
    --FMVSS No. 203; Impact protection for the driver from the steering 
control system.
    The Alliance, Ford, and Mercedes Benz USA LLC \34\ stated that 
FMVSS No. 203 is likely not relevant or applicable to ADS-equipped 
vehicles without conventional manual driver controls because the 
absence of the controls make the regulation unnecessary. Zoox requested 
regulatory text revisions that would clearly indicate that this 
standard does not apply to ADS-equipped vehicles without controls.
---------------------------------------------------------------------------

    \34\ Docket No. NHTSA-2018-0009-0077, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0077.
---------------------------------------------------------------------------

    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the FMVSS 
No. 203 should not apply to vehicles without steering control systems. 
However, factors considered go beyond the mere absence of a steering 
control. The agency describes in greater detail in later sections of 
this document the justification for this proposed decision. Thus, NHTSA 
proposes to modify the regulatory text of FMVSS No. 203 to clarify 
applicability to ADS-equipped vehicles, described in greater detail in 
later sections of this document.
    --FMVSS No. 204; Steering control rearward displacement.
    The Alliance, Ford, and Mercedes Benz stated that FMVSS No. 204 is 
likely not relevant or applicable to ADS-equipped vehicles without 
conventional manual driver controls because the absence of the controls 
make the regulation unnecessary. Zoox requested regulatory text 
revisions that would clearly indicate that this standard does not apply 
to ADS-equipped vehicles.
    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the FMVSS 
No. 204 should not apply to vehicles without steering control systems. 
However, factors considered go beyond the mere absence of a steering 
control. We describe in greater detail in later sections of this 
document the justification for this proposed decision. Thus, NHTSA 
proposes modifications to the regulatory text of FMVSS No. 204 to 
clarify applicability to ADS-equipped vehicles, described in greater 
detail in later sections of this document.
    --FMVSS No. 205, Glazing materials.
    The Alliance stated that the transparency related portions of FMVSS 
No. 205 are likely not relevant or applicable to ADS-equipped vehicles 
without conventional manual driver controls because the absence of the 
controls make the regulation unnecessary. Similarly, Ford's commented 
that ``this regulation is not applicable'' to ADS-equipped vehicles 
with ``sophisticated sensor systems allowing the ADS to see objects 
surrounding the vehicle.'' \35\ However, the Alliance stated the 
crashworthiness aspects should be preserved.
---------------------------------------------------------------------------

    \35\ Docket No. NHTSA-2018-0009-0099, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0099.
---------------------------------------------------------------------------

    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively concludes that FMVSS No. 205 remains 
relevant for crashworthiness of ADS-equipped vehicles without driving 
controls vehicles. However, NHTSA proposes modifications to the 
regulatory text of FMVSS No. 205 to clarify applicability only to 
vehicles that carry occupants, described in greater detail in later 
sections of this notice.
    --FMVSS No. 206; Door locks and door retention components.
    Alliance and Ford both stated that FMVSS No. 206 exhibited language 
that did not fully contemplate ADSs, but included barriers that could 
be resolved with near-term solutions, such as language modifications, 
interpretations, and exemptions. The Alliance also specifically 
mentions the visual or audible warnings that must be conveyed to the 
driver.
    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the barriers 
posed by FMVSS No. 206 can and should be resolved through language and 
definitional modifications. Thus, NHTSA proposes modifications to the 
regulatory text of FMVSS No. 206 described in greater detail in later 
sections of this notice. However, as noted above, this document does 
not address issues pertaining to warning systems.
    --FMVSS No. 207; Seating systems.
    While the Alliance stated that it believes that FMVSS No. 207 
exhibited language that did not fully contemplate ADSs, but that the 
issues could be resolved with minor modifications, Ford indicated that 
they believed an existing interpretation had resolved the barrier. Zoox 
requested a modification of the regulatory test to ensure the driver's 
seat requirement was clarified as applying to a human.
    While an interpretation provides the public with some clarity or 
additional

[[Page 17630]]

insight into NHTSA's interpretation of its standards as applied to a 
particular set of facts, modification of regulatory text through notice 
and comment rulemaking is the appropriate means of making policy 
changes. After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the barriers 
posed by FMVSS No. 207 can and should be resolved through language and 
definitional modifications. The agency is using an approach in line 
with that suggested by the commenters to address the requirement for a 
driver's seat. Thus, this proposal provides modifications to the 
regulatory text of FMVSS No. 207 and its rationale for doing so, which 
are described in greater detail in later sections of this notice.
    --FMVSS No. 208; Occupant crash protection.
    Alliance and Ford both stated that FMVSS No. 208 exhibited language 
that did not fully contemplate ADSs, but included barriers that could 
be resolved with near-term solutions, such as language modifications, 
interpretations, and exemptions.
    Additionally, other commenters discussed the air bag readiness 
indicator and advanced air bag suppression status requirements in FMVSS 
No. 208. Zoox suggested the agency modify the text of FMVSS No. 208 
requiring an air bag readiness indicator in S4.5.2 of FMVSS No. 208 to 
indicate that if there is no driver's designated seating position, the 
telltale must be visible to ``at least one designated seating 
position.'' \36\ Zoox also suggested modified regulatory text for 
S19.2.2 of FMVSS No. 208, which provides telltale requirements for the 
advanced air bag suppression status. Zoox suggested that any reference 
to the ``right'' front passenger be changed to the ``outboard'' front 
passenger and thus allowing for the possibility of there being a 
telltale for any front outboard location.\37\
---------------------------------------------------------------------------

    \36\ Docket No. NHTSA-2018-0009-0099, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0099.
    \37\ Docket No. NHTSA-2018-0009-0089, available at https://www.regulations.gov/document?D=NHTSA-2018-0009-0089.
---------------------------------------------------------------------------

    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees in part with the assessment that many 
of the barriers posed by FMVSS No. 208 can and should be resolved 
through language and definitional modifications, and thus, has included 
this standard in this NPRM. The agency notes that other barriers, such 
as those involving indicator and warnings included in FMVSS No. 208 may 
be addressed in a future notice that includes a holistic discussion of 
the appropriate applicability of telltale requirements in ADS-equipped 
vehicles.
    --FMVSS No. 214; Side impact protection.
    While the Alliance stated that it believes that FMVSS No. 214 
exhibited language that did not fully contemplate ADSs, but that the 
issues could be resolved with minor modifications, Ford indicated that 
they believed an existing interpretation had resolved the barrier.
    While an interpretation provides the public with some clarity or 
additional insight into NHTSA's interpretation of its standards as 
applied to a particular set of facts, modification of regulatory text 
through notice and comment rulemaking is the appropriate means of 
making policy changes. After a detailed review of our current 
standards, and in consideration of additional input received through 
the VTTI research program, NHTSA proposes modifications to the 
regulatory text of FMVSS No. 214, which are described in greater detail 
in later sections of this notice.
    --FMVSS No. 216a; Roof crush resistance; Upgraded standard.
    While the Alliance stated that it believes that FMVSS No. 216a 
exhibited language that did not fully contemplate ADSs, but that the 
issues could be resolved with minor modifications, Ford indicated that 
they believed an existing interpretation had resolved the barrier.
    While an interpretation provides the public with some clarity or 
additional insight into NHTSA's interpretation of its standards, 
modification of regulatory text through notice and comment rulemaking 
is the appropriate means of making policy changes. After a detailed 
review of our current standards, and in consideration of additional 
input received through the VTTI research program, NHTSA tentatively 
agrees with the assessment that the barriers posed by FMVSS No. 216a 
can and should be resolved through language and definitional 
modifications. Thus, NHTSA proposes modifications to the regulatory 
text of FMVSS No. 216a, described in greater detail in later sections 
of this notice.
    --FMVSS No. 225; Child restraint anchorage systems.
    While the Alliance stated that it believes that FMVSS No. 225 
exhibited language that did not fully contemplate ADSs, but that the 
issues could be resolved with minor modifications, Ford indicated that 
they believed an existing interpretation had resolved the barrier.
    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees with the assessment that the barriers 
posed by FMVSS No. 225 can and should be resolved through language and 
definitional modifications, and thus, has included this standard in 
this NPRM. Thus, NHTSA proposes modifications to the regulatory text of 
FMVSS No. 225, described in greater detail in later sections of this 
notice.
    --FMVSS No. 226; Ejection Mitigation.
    Alliance and Ford both stated that FMVSS No. 226 exhibited language 
that did not fully contemplate ADSs, but included barriers that could 
be resolved with near-term solutions, such as language modifications, 
interpretations, and exemptions.
    After a detailed review of our current standards, and in 
consideration of additional input received through the VTTI research 
program, NHTSA tentatively agrees in part with the assessment that many 
of the barriers posed by FMVSS No. 226 can and should be resolved 
through language and definitional modifications, and thus, proposes 
modifications to this standard in this NPRM. The agency notes that 
other barriers, such as those involving the ejection mitigation 
countermeasure indicator included in FMVSS No. 226, would be more 
appropriately addressed in the agency's planned future notice relating 
to the appropriate applicability of telltale requirements in ADS-
equipped vehicles.

III. Limitations on Scope and Guiding Principles for Initial 
Identification and Removal of Regulatory Barriers

    The changes proposed in this NPRM seek to remove unnecessary 
regulatory barriers to ADS-equipped vehicles in the crashworthiness 
FMVSSs, while maintaining the level of occupant protection that these 
standards currently provide. Additionally, the proposed changes would 
clarify the application of the crashworthiness standards to ADS-
equipped vehicles without traditional manual controls, and would make 
changes facilitating certification and compliance verification of these 
vehicles to occupant protection requirements. NHTSA believes that, if 
adopted, the proposed changes would provide regulatory certainty for 
vehicle manufacturers as to whether and how to certify the compliance 
of ADS-equipped vehicles without manual controls to the 200 Series 
FMVSSs, and would reduce the number of requirements from which 
manufacturers of these vehicles may

[[Page 17631]]

need to seek a temporary exemption.\38\ \39\
---------------------------------------------------------------------------

    \38\ The agency has also analyzed the 300 Series standards, but 
no changes are being proposed in this notice.
    \39\ The agency notes that vehicles equipped with an ADS that 
have traditional manual controls are currently covered by the 
occupant protection FMVSS and can typically be certified as such. 
However, NHTSA acknowledges that there may be some regulatory 
uncertainty on the part of manufacturers related to the 200 Series 
FMVSSs, even for ADSs with manual driving controls, which this NPRM 
seeks to address through proposed modifications of the existing 
regulatory requirements and definitions.
---------------------------------------------------------------------------

    In developing this NPRM, the agency limited the scope of the 
barriers addressed by this proposed rule to exclude certain subject 
matters which the agency intends to address in other notices. NHTSA 
also followed certain guiding principles to ensure that the proposed 
changes properly balanced the interests of safety, feasibility and 
transparency with the public. We explain these scope limitations and 
guiding principles in greater detail below.

a. Limitations on Scope

    Although this document is the agency's first proposal containing 
modified regulatory text for the accommodation of ADS-equipped vehicles 
without traditional manual controls, NHTSA has other notices with 
similar goals planned.\40\ As such, this proposal is limited in scope 
and rests on a number of assumptions, which are described in this 
section. First, we assume that the initial ADS-equipped vehicles will 
have seating configurations similar to non-ADS vehicles, i.e., forward 
facing front seating positions (conventional seating). This approach of 
addressing conventional seating first is consistent with many of the 
comments provided in response to the RFC.\41\ This limitation is 
primarily relevant to crashworthiness standards with dynamic crash test 
performance requirements for occupants, i.e., FMVSS Nos. 201, 
``Occupant protection in interior impact,'' 208, ``Occupant crash 
protection,'' and 214, ``Side impact protection.'' The narrow scope of 
this document should in no way be interpreted that the agency believes 
that these standards are limited in applicability to ADS-equipped 
vehicles with conventional seating or that future updates will not be 
necessary to allow for ADS-equipped vehicles with unconventional 
seating arrangements. Nonetheless, we have not attempted to address in 
this document the revisions that may be necessary to provide regulatory 
certainty for manufacturers that wish to self-certify ADS-equipped 
vehicles with unconventional seating arrangements. Modifying current 
standards to account for and include non-traditional seating 
configurations requires significant additional research that the agency 
recently began. This research has been informed through input from the 
VTTI project \42\ and the RFC, as well as and continues to be informed 
through public outreach on the agency's research portfolio.\43\
---------------------------------------------------------------------------

    \40\ ``Removing Regulatory Barriers for Automated Driving 
Systems,'' RIN 2127-AM00, available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&RIN=2127-AM00; 
``Considerations for Telltales, Indicators and Warnings for 
Automated Driving Systems,'' RIN 2127-AM07, available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&RIN=2127-AM07.
    \41\ Although conventional forward-facing seats are assumed, the 
proposal does not assume that every vehicle has front outboard seats 
as currently defined.
    \42\ See Contract No. DTNH2214D00328L/DTNH2217F00177, 
``Assessment, Evaluation, and Approaches to Modification of FMVSS 
that may Impact Compliance of Innovative New Vehicle Designs 
Associated with Automated Driving Systems.''
    \43\ https://www.federalregister.gov/documents/2019/10/10/2019-22130/public-meeting-regarding-nhtsas-research-portfolio.
---------------------------------------------------------------------------

    Second, this NPRM addresses the topic of ADS vehicles designed 
exclusively to carry property (``occupant-less vehicles'') to the 
extent that the agency proposes that current crashworthiness 
requirements intended to protect human occupants should not apply to 
such vehicles. Our preliminary analysis leads us to conclude that 
occupant-less vehicles meet the Part 571.3 definition of a truck 
because occupant-less vehicles have no designated seating positions 
(DSPs), which necessarily means they are ``designed primarily for the 
transportation of property.'' \44\ However, the agency solicits 
feedback on other perspectives from commenters. For occupant protection 
requirements tied to a particular DSP location, the absence of a DSP in 
a vehicle means that the associated performance test cannot be 
conducted. More detail is provided in the sections of this NPRM where 
we explain the changes made to each standard.
---------------------------------------------------------------------------

    \44\ 49 CFR 571.3.
---------------------------------------------------------------------------

    Notwithstanding this added clarification, NHTSA wishes to 
acknowledge that potential entrance of occupant-less vehicles into the 
market could theoretically have downstream effects on vehicle safety. 
The frontal crash protections provided for vehicle occupants by FMVSS 
No. 208 promotes vehicle structures that reduce the crash forces felt 
not only by occupants, but also by occupants of collision partners. 
These associated effects could be offset in whole or in part by the 
design and size of the vehicles. This is a complex issue and we are not 
prepared to address this topic further at this time. NHTSA plans to 
complete research and separately seek public comment on the creation of 
a new FMVSS category for occupant-less vehicles.
    Further, another limitation on the scope of this document relates 
to the barriers present in the standards within this document related 
to telltales and warnings. The agency is not prepared at this time to 
provide a thorough analysis with respect to the topic of telltales and 
warnings as they related to ADS-equipped vehicles, including where 
there is no requirement for any occupant to be seated in what is 
currently considered the driver's designated seating position (driver's 
seat). This is a broad topic found throughout many of the FMVSS, not 
just the 200 Series standards. As mentioned above, research is 
continuing in this area, and the agency plans to publish a separate 
notice related to telltales. However, the availability of the telltale 
related to the suppression of frontal passenger air bags is the one 
excepted area that will be discussed in this document (see section 
VI.a.5, below).
    In analyzing the current 200 Series regulatory text and developing 
the necessary revisions, there were certain overarching principles 
NHTSA attempted to keep in the forefront and guide the process. Below 
the agency describes the principles that guided our consideration of 
how best to apply the current FMVSSs to ADS-equipped vehicles.

b. Guiding Principles to NHTSA's Approach in Updating the 
Crashworthiness FMVSS to Account for ADSs

1. Maintain Current Performance Requirements
    NHTSA took every effort to maintain the level of crashworthiness 
performance in ADS-equipped vehicles without traditional manual 
controls currently required for vehicles without ADS functionality with 
the goal of maintaining occupant protection. In addition, the agency 
has attempted to craft the proposal such that it will have no effect on 
vehicles without ADS functionality. In doing so, NHTSA examined both 
the safety intent and specific performance requirements of the current 
standards as they apply to non-ADS vehicles. Although the safety intent 
may in certain cases appear to be somewhat abstract, they come more

[[Page 17632]]

clearly into focus when specific requirements and regulatory text 
sections, such as purpose, scope, application, and definitions, are 
analyzed.
    In consideration of the above, one of the complicating factors that 
became apparent was that a literal translation of the current 
regulatory text may in some cases be insufficient to maintain the 
safety intent or the existing level of performance. Nonetheless, the 
agency recognizes that there can be multiple valid approaches to 
achieving this goal of maintaining the performance requirements and 
that there can be reasonable disagreements about the safety intent and 
equivalence of safety when dealing with requirements that were, in some 
cases, promulgated many years ago.
2. Reduce Unnecessary Regulatory Barriers and Uncertainty for 
Manufacturers
    We seek to modify the existing FMVSSs in a way that will help 
provide regulatory certainty for manufacturers developing ADS-equipped 
vehicles and reduce unnecessary certification barriers and cost in 
certain areas. If done correctly, this should help streamline 
manufacturers' certification processes, reduce certification costs and 
minimize the need for future NHTSA interpretation or exemption 
requests. Likewise, this approach will help the agency become more 
effective and efficient in the focused treatment of the fewer and more 
complex application of existing standards. NHTSA proposes to accomplish 
this in a way that maximizes stakeholder input and transparency and 
will garner public trust in the regulatory process for ADS vehicles.
3. Maintain the Current Regulatory Text Structure
    The changes proposed in this document are intended to adapt 
existing FMVSS requirements for ADS vehicles in a way that does not 
change the existing requirements for non-ADS vehicles (i.e., vehicles 
with a driver's DSP). In some cases, this makes the new regulatory text 
more complex than it would otherwise need to be if this bifurcation 
were not made. In some instances, it may be possible to use the new 
translation specific to ADS vehicles and apply it to all vehicles, 
without any substantive change for non-ADS vehicles. We ask commenters 
to indicate where they believe this might be the case. We will attempt 
to highlight some of those situations, where appropriate in this 
notice.
4. Remain Technology Neutral
    One of the core tenets of NHTSA's recent work to modernize the 
FMVSSs is to do so in a manner that becomes more inclusive of the 
unique interior designs that are expected to accompany ADS-equipped 
vehicles and to instill technology neutrality in the regulatory text of 
the standards, to the extent practicable. This tenet is one of the 
DOT's Automation Principles, as described in Preparing for the Future 
of Transportation: Automated Vehicles 3.0, and is in line with previous 
DOT guidance that advised legislatures throughout the United States to 
also adopt this principle.\45\ The agency believes that this proposal 
exemplifies this tenet, while balancing the needs for maintaining 
occupant protection standards. NHTSA requests comment on whether there 
are additional changes that the agency could make to be more inclusive 
of different technologies and improve technology neutrality in the 
FMVSS.
---------------------------------------------------------------------------

    \45\ Automated Driving Systems 2.0: A Vision for Safety, 
available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf.
---------------------------------------------------------------------------

IV. Maintaining Original Safety Intent and Performance Requirements

a. Application to Crashworthiness Standards

    Other than dual-mode vehicles,\46\ a fundamental feature of many 
Level 4 and Level 5 ADS-equipped vehicles will likely be the absence of 
manual driving controls in left front outboard designated seating 
position, previously occupied by the driver in non-ADS vehicles. Thus, 
what was previously a driver's seating position, will effectively 
become a passenger seating position. We have attempted to maintain the 
safety intent and level of safety previously available to drivers by 
applying the same crash test performance requirements as the right 
front occupant to the left front outboard occupant. This concept was 
supported by several RFC commenters. This is neither surprising nor 
novel for crash protection required by the FMVSSs in that currently 
both front outboard seating positions are subjected to identical crash 
and impact tests, with the same adult sized test dummies and injury 
criteria. For example, the crash test requirements only deviate with 
respect to dummy positioning consistent with driving controls being 
available in the left front seat. Regulatory text changes are proposed 
to clarify that the right front passenger protection will be mirrored 
on the left side.
---------------------------------------------------------------------------

    \46\ In this notice, this means a vehicle that has controls for 
human driving as well as a mode for ADS driving, whether or not the 
human driving controls are position for use.
---------------------------------------------------------------------------

    However, there are some unique aspects of occupant protection 
related to advanced air bags that differ from passenger to driver seat. 
The right front outboard seating position (current passenger position) 
is subjected to a suite of tests designed to determine if the air bag 
will suppress or deploy in a low risk manner for out-of-position (OOP) 
occupants. The driver's seating position also has performance 
requirements for an OOP driver. As is the case for crash protection, if 
the left front outboard occupant becomes a passenger due to the 
elimination of driving controls, NHTSA believes that position would 
need to have the same OOP protection offered to the right front 
occupant. Regulatory text changes are proposed to clarify that the 
right front passenger OOP protection will be mirrored on the left side.
    Finally, as the agency works toward providing regulatory certainty 
in the self-certification process while maintaining current safety 
levels, it has become clear that the current vehicle occupancy patterns 
may change for ADS vehicles. NHTSA is aware that existing occupant 
crash protection has been biased towards front outboard seat occupants, 
because traditionally, every vehicle has a driver and the right front 
passenger seat is the next most frequently occupied. This may not be 
the case for ADS vehicles, even with conventional forward-facing seats, 
thus likely changing the overall injury patterns seen in the vehicle 
fleet. As technology develops and ADS-equipped vehicles become more 
prevalent, this could necessitate a reassessment of the crash 
protection offered to occupants other than those in the front seats. 
This document does not attempt such a task.

V. New and Current Definitions in Part 571.3

    One of the primary challenges to the self-certification of ADS-
equipped vehicles without traditional manual controls is the pervasive 
use of some form of the term ``driver'' throughout the FMVSSs. Although 
the terms ``driver,'' ``driver's'' and ``driving,'' appear upwards of 
200 times throughout the FMVSSs, each instance it is used falls roughly 
into one of four categories. Specifically, a driver is: (1) An entity 
that performs certain actions necessary for the determination of FMVSS 
compliance, e.g., brake pedal application in FMVSS No. 135, ``Light 
vehicle brake system;'' (2) a vehicle occupant who must be protected in 
a crash, e.g., frontal crash protection in

[[Page 17633]]

FMVSS No. 208; (3) a spatial frame of reference for vehicle geometry, 
e.g., vehicle attitude in FMVSS No. 216a, and (4) an entity that 
receives messaging from the vehicle, e.g., door opening warning in 
FMVSS No. 206. All of these characteristics of a vehicle that relate to 
the driver terms must be considered when attempting to apply the 
current FMVSSs to vehicles equipped with ADS and when attempting to 
provide a holistic solution to the challenges in updating the FMVSSs to 
reflect the changed circumstances that ADS-equipped vehicles without 
manual controls will present.
    By way of background, for more than 50 years the term ``driver'' 
has been defined in Part 571.3 as ``the occupant of a motor vehicle 
seated immediately behind the steering control system.'' The plain 
meaning of the term ``occupant'' is a human, since a human occupies 
space in the vehicle and would be seated in a designated seating 
position. Moreover, if the term ``occupant'' is understood to mean a 
human occupant, this definition is compatible with the four 
characteristics of a driver mentioned above.
    While limiting the term ``driver'' to a human is consistent with 
the plain meaning of the ``driver'' definition, and is compatible with 
the current uses of the term ``driver'' in the FMVSS, it also precludes 
use of an unmodified version of the term to describe the driving 
functionality of the ADS. In recognition of the potential regulatory 
challenges that NHTSA's longstanding definition of the term ``driver'' 
could create for manufacturers of these ADS-equipped vehicles, NHTSA 
issued an interpretation letter to Google in 2016 (the ``Google 
Interpretation'') in which the agency explained how it would adapt the 
definition of driver to the extent possible to account for ADS-equipped 
vehicles.\47\ In this interpretation, the agency explained that it 
would interpret the definition of driver as follows:
---------------------------------------------------------------------------

    \47\ Available at http://isearch.nhtsa.gov/files/Google%20--%20compiled%20response%20to%2012%20Nov%20%2015%20interp%20request%20--%204%20Feb%2016%20final.htm.

    ``NHTSA will interpret `driver' in the context of Google's 
described motor vehicle design as referring to the SDS [Self-Driving 
System],\48\ and not to any of the vehicle occupants. . . . If no 
human occupant of the vehicle can actually drive the vehicle, it is 
more reasonable to identify the `driver' as whatever (as opposed to 
whoever) is doing the driving.''
---------------------------------------------------------------------------

    \48\ The terminology being used in this document is Autonomous 
Driving System (ADS).

    However, NHTSA also explained that the agency would consider 
initiating rulemaking to determine whether the definition of ``driver'' 
in Part 571.3 should be updated in response to changing circumstances.
    We note that the current ``driver'' definition is inextricably 
linked to the ``steering control system,'' which is defined in FMVSS 
No. 203, ``Impact protection for the driver from the steering control 
system,'' as ``the basic steering mechanism and its associated trim 
hardware, including any portion of a steering column assembly that 
provides energy absorption upon impact.'' Although this definition also 
presents regulatory challenges for ADS-equipped vehicles, the Google 
Interpretation did not address how NHTSA would interpret this term.

a. Approach to Driver Definition for This NPRM

    The agency has tentatively decided that it will not revise the 
regulatory definition of ``driver'' found in 49 CFR 571.3 at this time. 
Instead, NHTSA proposes to maintain the current definition without 
change, but to augment this definition with other supporting or 
clarifying definitions to indicate when the FMVSS is referring to a 
human driver or an ADS for the purposes of this document and for 
clarifying the crashworthiness FMVSSs.
    NHTSA has decided not to modify the regulatory definition of driver 
in this document for these primary reasons:

     The agency should consider holistically whether to and 
how best to update the term ``driver'' in 571.3, and doing so in a 
notice focused solely on the crashworthiness FMVSSs could cause 
issues with future FMVSS updates that they agency has planned. Such 
future updates may necessitate revisiting the 200 Series standards.
     The agency believes that updating the term ``driver'' 
is not ripe at this time and unnecessary due to the limited types of 
usage throughout the crashworthiness FMVSS and the potential 
complications making changes could cause for the crash avoidance 
FMVSS and standards that refer to telltales, warnings, and alerts.
     The agency should consider, if updating the term 
``driver'', whether and how best to include a definition of the ADS 
in the regulatory text, which the agency expects would be a very 
complex process due to the types of references to ``driver'' in the 
FMVSS and the frequent terminology changes referencing ADS-equipped 
vehicles that the agency has witnessed over the past several years.
     This approach is consistent with input the agency 
received through the VTTI research program, which included feedback 
from expert researchers, industry stakeholders, and advocates.

    While NHTSA has decided not to modify the definition of ``driver'' 
with this notice, it is considering doing so for future notices. Thus, 
the agency requests comment on various approaches that could be 
utilized in a holistic manner (i.e., are there definitions the agency 
should consider that would properly cover the four types of uses of 
``driver'' and derivatives of ``driver'' throughout the FMVSS). As 
noted above, NHTSA acknowledges that it may in the future be necessary 
for the agency to create new defined terms within the FMVSS such as 
``ADS'' to clarify when the regulatory text is referring to a non-human 
entity controlling the vehicle. However, as this is not needed in the 
context of the changes that NHTSA is proposing in this document to make 
to the crashworthiness standards (which focus almost exclusively on the 
protection of humans), no such definition is proposed in this notice.

b. New, Modified and Relocated Definitions

    While this NPRM does not propose changing the term ``driver'' 
itself or adding definitions of ``ADS,'' it does propose creating 
supplemental definitions of terms already used and amending driver-
related definitions that exist in the current FMVSS. By defining or 
amending these terms, NHTSA hopes to clarify the application of 
crashworthiness FMVSS to ADS-equipped vehicles with minimal disruption 
to the existing regulatory text. The specific terms that exist in the 
FMVSS that the agency is proposing to define are ``driver dummy,'' 
``driver air bag,'' ``driver's designated seating position,'' and 
``passenger seating position.'' Our proposed definitions of these terms 
are shown below.
    Driver air bag means the air bag installed for the protection of 
the occupant of the driver's designated seating position.\49\
---------------------------------------------------------------------------

    \49\ Incorporates the definition of ``driver's designated 
seating position.''
---------------------------------------------------------------------------

    Driver dummy means the test dummy positioned in the driver's 
designated seating position.\50\
---------------------------------------------------------------------------

    \50\ Incorporates the definition of ``driver's designated 
seating position.''
---------------------------------------------------------------------------

    Driver's designated seating position means a designated seating 
position providing immediate access to manually-operated driving 
controls.\51\ As used in this part, the terms ``driver's seating 
position'' and ``driver's seat'' shall have the same meaning as 
``driver's designated seating position.''
---------------------------------------------------------------------------

    \51\ Incorporates the definition of ``manually-operated driving 
controls.''

---------------------------------------------------------------------------

[[Page 17634]]

    Passenger seating position means any designated seating position 
other than the driver's designated seating position. As used in this 
part, the term ``passenger seat'' shall have the same meaning as 
``passenger seating position.'' As used in this part, ``passenger 
seating position'' means a driver's designated seating position with 
stowed manual controls.
    NHTSA is also proposing to add the new term ``manually-operated 
driving controls'' which is not a term currently used in the FMVSS. 
NHTSA's proposed definition is shown below.
    Manually-operated driving controls means a system of controls:
    (1) That are used by an occupant for real-time, sustained, manual 
manipulation of the motor vehicle's heading (steering) and/or speed 
(accelerator and brake); and
    (2) That are positioned such that they can be used by an occupant, 
regardless of whether the occupant is actively using the system to 
manipulate the vehicle's motion.
    In subpart (2) the definition states that the controls must be 
positioned for use by the occupant, whether or not the occupant is 
actively manipulating them. This means that, if manually operated 
driving controls are in place in front of a given seating position, the 
occupant of that seating position is considered a ``driver'' for 
purposes of the FMVSS--regardless of whether an ADS is controlling the 
vehicle. In such a case, the seat would be considered a ``driver's 
designated seating position'' under the FMVSS.\52\ Conversely, if 
controls are not present in front of a seating position, either because 
they are stowed or because the vehicle is not equipped with manually-
operated driving controls, the occupant in that seating position is not 
a ``driver.'' In this case, the seating position would be considered a 
``passenger seating position'' under the FMVSS. If dual-mode vehicles 
have the capability of stowing driving controls, NHTSA expects that 
manufacturers will need to certify compliance in both states (e.g., 
manually-operated driving controls available and stowed).
---------------------------------------------------------------------------

    \52\ We note that this means, in ADS-DV that has non-stowable 
manually-operated controls at a given seating position, NHTSA would 
consider that seating position to be a ``driver's designated seating 
position'' regardless of whether or not the ADS is driving the 
vehicle for the purposes of the crashworthiness standards.
---------------------------------------------------------------------------

    Another proposed modified definition that would reference the new 
definition of ``manually-operated driving controls'' is the term 
``steering control system,'' which is provided below.
    Steering control system means the manually-operated driving 
control(s) used to control the vehicle heading and its associated trim 
hardware, including any portion of a steering column assembly that 
provides energy absorption upon impact. As used in this part, the term 
``steering wheel'' and ``steering control'' shall have the same meaning 
as ``steering control system.''
    The modification proposed here would modify the existing definition 
of ``steering control system,'' in FMVSS No. 203 to incorporate the 
proposed definition for ``manually-operated driving controls.'' We also 
propose relocating this definition to Part 571.3, and applying it to 
the terms ``steering wheel'' and ``steering control,'' which are not 
currently defined. However, we have tentatively determined these 
variations have the same meaning when used in the FMVSSs. Since these 
terms appear throughout the FMVSSs, specifying the definition for 
``steering control system'' would clarify their meaning with respect to 
ADS and non-ADS vehicles with minimal disruption to the existing 
regulatory text.
    NHTSA also proposes to clarify that the terms ``outboard seating 
position'' and ``outboard seat'' have the same meaning as used in the 
existing definition of ``outboard designated seating position.'' From 
our analysis of the regulatory text of the crashworthiness FMVSSs, we 
have tentatively determined these three terms have the same meaning. 
Therefore, to clarify this point, we have added language specifying 
that ``outboard seating position'' and ``outboard seat'' have the same 
meaning as ``outboard designated seating position.''
    Finally, we are proposing to relocate the definition of ``row,'' 
which is currently located in FMVSS No. 226, to Part 571.3. We have 
proposed the use of this term in multiple standards (FMVSS Nos. 201, 
206 and 208). Moving it to Part 571.3 will eliminate the need to insert 
a reference to its current location.
    We are proposing that each of these new and modified definitions be 
added or moved to Part 571.3, and that they be applicable to every 
FMVSS in the interest of efficiency and consistency. Another option 
that the agency recognizes as a potential solution is to place the 
relevant definitions within each standard that utilized the defined 
term in order to avoid creating additional confusion or conflict in 
other FMVSSs, such as the crash avoidance standards (100 Series FMVSS). 
While these changes may not resolve the barriers in the crash avoidance 
FMVSSs, the agency intends to address those issues and others in future 
notices. This would be necessary if one or another of the definitions 
would create a conflict within some standard and the conflict could not 
be resolved in another way.
    We seek comment on our proposals for new, modified, and relocated 
definitions, as well as the general approach and options described in 
this section. We also seek comment on whether the changes proposed in 
this section would create any definitional conflicts within the FMVSSs, 
such as causing additional, unintended confusion for manufacturers 
certifying to other FMVSSs not covered by this notice.

VI. Changes to the Regulatory Text of the Affected Standards

    This section describes and explains the changes being proposed to 
the regulatory text of the affected standards. We have tentatively 
determined that no change is needed for FMVSS Nos. 202a, 209, 210, 212, 
213, 217, 218, 219, 220, 221 and 222.\53\ Rather than explaining each 
proposed change individually, which would be both cumbersome and 
repetitive, the agency has identified several categories of changes 
based on the substance of the change and its underlying justification. 
Because generic descriptions of the categories of changes may be 
difficult to grasp in the abstract, NHTSA explains each category of 
change using illustrative examples from the affected standards in the 
sections that follow.
---------------------------------------------------------------------------

    \53\ In addition, we have determined that no change is need for 
FMVSS Nos. 301, 302, 303, and 304. Any changes to FMVSS No. 305 will 
be discussed in future notices.
---------------------------------------------------------------------------

    Each subsection below covers the changes made to an individual 
crashworthiness standard affected by this proposal. In each subsection, 
we identify which category(ies) of changes we are proposing to the 
regulatory text of that standard, along with citations to the specific 
provisions that would be amended. The first time a category of change 
to the regulatory text is discussed, we provide a full and detailed 
description of what is being changed, and our reason for the change. 
When a category of change to the regulatory text appears again in 
subsequent standards, we cross reference back to the subsection in 
which the change category is described and explained. In addition, in 
certain instances where we have deemed appropriate, explanations are 
provided for why we do not believe a change to the regulatory text is 
needed.
    The subsections are organized sequentially by standard number, 
except that the first standard addressed is

[[Page 17635]]

FMVSS No. 208. We decided to analyze FMVSS No. 208 first for the sake 
of clarity, since it has the greatest number and greatest variety of 
proposed changes to its text. The explanations below include tables 
comparing the original regulatory text with the proposed regulatory 
text to provide illustrative examples of each change category. In 
addition, to illustrate the precise changes that are being proposed 
within the context of the full regulatory text, we are providing in the 
docket for this rulemaking an appendix document that contains the full 
proposed regulatory text of each modified standard, with added text in 
blue underlined font and the deleted text in red strikethrough font. 
The proposed regulatory text modifications are provided in the end of 
this NPRM.

a. FMVSS No. 208; ``Occupant Crash Protection''

    The purpose of FMVSS No. 208, Occupant crash protection, is to 
reduce the number of deaths and injuries to vehicle occupants in the 
event of a crash. To this end, FMVSS No. 208 specifies types and 
locations of seat belts and frontal air bags as well as crashworthiness 
requirements in terms of forces and accelerations on anthropomorphic 
dummies in test crashes. In specifying these crashworthiness 
requirements, FMVSS No. 208 assumes the presence of, and refers to, the 
driver's seating position and steering control. These assumptions make 
certification and compliance verification of ADS-equipped vehicles 
without these components difficult or impossible.
    Below we identify the specific provisions of FMVSS No. 208 that we 
believe are potential barriers to the certification and compliance 
verification of an ADS-equipped vehicle, and we explain how we propose 
to revise those provisions to maintain the same level of performance 
currently required by the standard.
1. Application to Vehicles Without Designated Seating Positions
    Currently, FMVSS No. 208 applies to all passenger cars, 
multipurpose passenger vehicles (MPVs), trucks, and buses. While most 
of these vehicle types carry ``persons,'' by definition, trucks do not. 
This means that because FMVSS No. 208 applies to all trucks, the 
standard would also apply to occupant-less trucks that have no 
designated seating positions (DSPs).\54\ This creates a barrier to 
certification because the requirements of FMVSS No. 208 are linked to 
the existence of specified DSPs. For example, the advanced air bag 
crash test requirements are applied to the front outboard DSPs by 
virtue of S5.1.1 through S14.
---------------------------------------------------------------------------

    \54\ NHTSA acknowledges that the future implementation of 
occupant-less vehicles may be on vehicle platforms which do not 
appear to be what many would consider a ``truck.'' Nonetheless, the 
current definitions of ``truck'' in 571.3 is the only vehicle type 
definition, (i.e., bus, multipurpose passenger vehicle, passenger 
car, and truck), that specifically covers vehicles designed to carry 
property and not ``persons.'' In response to requests from 
stakeholders, the agency is evaluating whether a new vehicle class 
may be necessary for certain delivery vehicles, including occupant-
less ones.
---------------------------------------------------------------------------

    Because occupant-less trucks would presumably have no DSPs, it is 
unclear how the test could be performed. NHTSA tentatively concludes 
that the safety need that supports the crashworthiness requirement of 
FMVSS No. 208 for the protection of vehicle occupants does not exist 
for occupant-less trucks. Accordingly, NHTSA is proposing to amend the 
application section of FMVSS No. 208 to apply only to trucks with 
DSPs.\55\ Accordingly, we are proposing to modify S3. Application to 
specify that the standard applies to trucks only if they have at least 
one DSP, as shown below in Table VI-1. No other changes are proposed 
for the Application Section.
---------------------------------------------------------------------------

    \55\ We note that there are some standards that are applicable 
to trucks that we have chosen not to specify that they only apply if 
a DSP is present because the standard is clearly only applicable to 
DSP location. One such example is FMVSS No. 202a. This clarification 
with respect to trucks is consistent with past agency practice in 
that, except for trucks, the application sections of the 
crashworthiness standards specify vehicle types that carry people. 
In addition, we believe that all current crashworthiness standards 
are specifically intended for the protection of occupants within the 
vehicle to which they apply.

                               Table VI-1
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S3. Application. (a) This standard applies to passenger cars,
 multipurpose passenger vehicles, trucks, and buses.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S3. Application. (a) This standard applies to passenger cars,
 multipurpose passenger vehicles, trucks with at least one designated
 seating position, and buses.
------------------------------------------------------------------------

    We request comment on our proposed addition to the Application 
Section, changes not made and additional changes commenters believe to 
be necessary.
2. Textual Modifications Addressing That There May Be No Driver's Seat 
and Multiple Outboard Passenger Seats
    The agency proposes to treat any seat that does not have immediate 
access to traditional manual controls (what we have defined as 
``manually-operated driving controls'') as a passenger seat. This 
includes a seat located in the left front outboard position, where the 
driver's seat is typically located. NHTSA has tentatively concluded 
that the most practicable way to maintain occupant protection in ADS-
equipped vehicles with no manual controls (and thus, with no driver's 
seat) is to require that all front outboard passenger seats meet the 
crash test performance requirements presently performed on the right 
front outboard passenger seat. For a passenger seat located in the left 
front outboard position, this would be done by mirroring the test 
procedures and requirements from the right side.
    NHTSA believes this approach will maintain the level of occupant 
protection currently offered by compliance with FMVSS No. 208 because 
it merely extends existing requirements for the front right passenger 
position to all outboard front passenger positions, regardless of 
vehicle side, and it would not affect the occupant protection 
requirements for conventional vehicles. Moreover, this approach would 
not significantly impact the testing burden on manufacturers, since it 
simply requires that test labs follow procedures for the passenger 
dummy on both sides of the vehicle rather than the procedures for the 
driver and outboard passenger test dummy that would be used for a crash 
test of a conventional vehicle.\56\
---------------------------------------------------------------------------

    \56\ An exception to this would be if an outboard seat is 
eliminated, as is discussed in section VI.a.3.
---------------------------------------------------------------------------

    To accomplish this change, we propose genericizing all references 
to ``passenger'' dummies by replacing the term with ``front outboard 
passenger'' dummy. An example of the type of change made is provided 
below in Table VI-2, from the general positioning of the arms of a 
crash test dummy. Previously, the passenger dummy was referred to in 
the singular. Now we are making clear that there may be more than one 
passenger dummy by the use of the phrase ``any front outboard 
passenger.'' The term ``any'' here is consistent with definition 
provide in Part 571.4.\57\ Similar changes are made through the 
standard and are too many to mention.
---------------------------------------------------------------------------

    \57\ Part 571.4 provides that ``[t]he word any, used in 
connection with . . . a set of items in a requirement . . . means 
generally the totality of items . . . any one of which may be 
selected by the Administration for testing.''

[[Page 17636]]



                               Table VI-2
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S10.2.2 The passenger's upper arms shall be in contact with the seat
 back and the sides of the torso.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S10.2.2 Any front outboard passenger dummy's upper arms shall be in
 contact with the seat back and the sides of the torso.
------------------------------------------------------------------------

3. The Treatment of Outboard Versus Center Seating Positions in the 
Front Row of Light Vehicles
    For most light vehicles,\58\ each outboard designated seating 
position, including the driver's seat, is required to have ``Type 2'' 
(lap and shoulder) seat belt assembly that conforms to FMVSS No. 
209.\59\ Moreover, the subset of light vehicles that have a GVWR of 
less than 3,855 kg (8,500 lb) and unloaded weight of 2,495 kg (5,500 
lb) are statutorily required to have frontal air bag protection at the 
driver's and right front DSPs.\60\ \61\ Any center seating positions in 
these light vehicles are allowed to be equipped with lap belts. ADS-
equipped vehicles without driving controls may not have a front left 
outboard DSP or for that matter, any outboard DSP. Seating position 
could be moved toward the center of the vehicle. In this case, 
conceivably an ADS-equipped vehicle could be constructed with no air 
bag or lap and shoulder seat belts, although the agency believes this 
would be highly unlikely. In the regulatory text changes proposed in 
this notice, the agency has not attempted to address the reduction in 
frontal crash protection that would occur if previous outboard DSPs in 
non-ADS vehicles become inboard/center DSPs in ADS-equipped vehicles. 
We request comment on whether the final rule should require air bag 
(including OOP protection) and lap/shoulder seat belt protection to 
these inboard seating positions, if outboard positions are removed. We 
also seek comment on implications of such designs upon the statutory 
obligation for frontal air bags.
---------------------------------------------------------------------------

    \58\ ``Light vehicles'' are vehicles with a gross vehicle weight 
rating (GVWR) less than 4,536 kilograms (kg) (10,000 pounds (lb)).
    \59\ Trucks and multipurpose passenger vehicles with a GVWR of 
more than 3,855 kg, but not greater than 4,536 kg, have compliance 
options involving crash tests, which relieve the requirement of 
providing Type 2 seat belts.
    \60\ Intermodal Surface Transportation Efficiency Act of 1991 on 
December 18, 1991 (Pub. L. 102-240).
    \61\ 58 FR 46551 (September 2, 1993).
---------------------------------------------------------------------------

4. Treatment of Advanced Air Bags
    Under the proposed rule, any front outboard seating position that 
does not have manual controls would be considered a passenger seat, and 
would need to meet passenger seat occupant protection requirements. 
Accordingly, in an ADS-DV without manual controls, the front left 
outboard seating position (i.e., the seating position that would 
typically be the driver's seat in a traditional vehicle), would need to 
meet passenger seat requirements. The regulatory requirements 
pertaining to frontal air bags for both the occupants of the driver's 
seat and passenger seat are commonly known as ``advanced air bag'' 
requirements. However, unlike a driver's seat, which must only meet 
adult occupant protection requirements, a passenger seat must meet both 
adult and child occupant protection requirements.
    NHTSA seeks comment on whether it is necessary to apply passenger 
(child and adult) advanced air bag requirements to both front outboard 
seats in an ADS-equipped vehicle without manual controls because both 
of those seats would be available for child occupants.\62\ (In a 
traditional vehicle, the occupant in the driver's seat is all but 
guaranteed to be an adult, making child advanced air bag protections 
unnecessary). In practice, this would mean that the advanced air bag 
protections that traditional vehicles currently provide on the right 
front outboard seat would be mirrored in the left. NHTSA seeks comment 
on alternative techniques to ensure children receive existing 
protection.
---------------------------------------------------------------------------

    \62\ Regardless of the presence of advanced air bags, NHTSA 
recommends that children not be placed in the front seat, if 
possible.
---------------------------------------------------------------------------

    To apply passenger advanced air bag requirements to all front 
outboard seating positions, we have proposed to add the modifier ``any 
front outboard'' to the word ``passenger'' in the relevant sections of 
S19 through S24, S27 and S28. An example of this is provided below in 
Table VI-3.

                               Table VI-3
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S19.2.1 The vehicle shall be equipped with an automatic suppression
 feature for the passenger air bag which results in deactivation of the
 air bag during each of the static tests specified in S20.2 . . . .
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S19.2.1 The vehicle shall be equipped with an automatic suppression
 feature for any front outboard passenger air bag which results in
 deactivation of the air bag during each of the static tests specified
 in S20.2 . . . .
------------------------------------------------------------------------

5. Advanced Air Bag Suppression Telltale for Passenger Air Bags
    NHTSA seeks comment on amending the activation requirement for the 
advanced air bag suppression telltale required under FMVSS No. 208, 
S19.2.2 to eliminate references specifying a ``passenger air bag 
system.'' NHTSA has tentatively concluded that this change is necessary 
to permit the certification of ADS-equipped vehicles, which may have 
more than one passenger seat with an advanced air bag system. We wish 
to emphasize that, as noted earlier, this NPRM is not intended to 
address issues relating to telltales and warnings, and the change 
proposed here is not intended to indicate a policy position regarding 
the necessity or effectiveness of this or other telltales.
    NHTSA seeks comment on requiring each front outboard passenger seat 
with a suppression-based advanced air bag system to have a unique 
telltale, so that occupants know which air bag is suppressed. This 
would maintain the current level of safety provided by the standard 
because the telltale's substantive performance criteria would remain 
the same, providing occupants with the same level of information about 
the status of each relevant air bag as the current standard. Table VI-4 
shows the regulatory text changes related to the number of telltales. 
We note that S21.2.2 and S23.2.2 refer back to S19.2.2.

                               Table VI-4
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S19.2.2 The vehicle shall be equipped with at least one telltale which
 emits light whenever the passenger air bag system is deactivated and
 does not emit light whenever the passenger air bag system is activated,
 except that the telltale(s) need not illuminate when the passenger seat
 is unoccupied.
------------------------------------------------------------------------

[[Page 17637]]

 
                              After Change
------------------------------------------------------------------------
S19.2.2 The vehicle shall be equipped with telltales for each front
 outboard passenger seat which emits light whenever the associated front
 outboard passenger air bag system is deactivated and does not emit
 light whenever the associated front outboard passenger air bag system
 is activated, except that the telltale(s) need not illuminate when the
 associated front outboard passenger seat is unoccupied.
------------------------------------------------------------------------

6. Treatment of ADS Vehicles With Driving Controls When Children Are in 
the Driver's Seat
    It is possible that some ADS-equipped vehicles will be equipped 
with manual driving controls and that the vehicle is designed for both 
driverless operation and operation by a conventional driver for 
complete trips (i.e., dual-mode). In such vehicles, the seat where the 
manual controls are located would still be a driver's seat even when 
the ADS is engaged, and thus would be required to meet driver's seat 
occupant protection requirements. However, because such a vehicle could 
be capable of operation without a driver, it is possible that a child 
not old enough to drive could be placed in the driver's designated 
seating position. NHTSA believes this would be an inherently unsafe 
condition, particularly for smaller children, because the driver's 
seating position is not required to have crash protection for children 
or protection from the dangers of OOP air bag deployment.
    To minimize the risk that a child could ride in a front DSP without 
the protections afforded by advanced air bags, NHTSA seeks comment on 
whether ADS-equipped vehicles that have manual controls should not be 
capable of motion if a child is detected in the driver's seat. This 
NPRM tentatively proposes that the following conditions would disallow 
vehicle motion: (1) The occupant of the seat is classified as a child, 
for which air bag suppression would be an option in a passenger seat, 
i.e., up to a 6-year-old as determined by the same test procedures used 
by air bag suppression (S20, S22 and S24); and (2) the vehicle is an 
operational state that does not require a driver, i.e., any situation 
where the ADS is under full control. An example of the new regulatory 
text to address this situation is provided in Table VI-5. Similar text 
has been added at S21.6 and S23.6.
    In developing this proposal, NHTSA considered myriad situations 
that are not currently probable in traditional motor vehicles. The 
agency requests comment on whether disallowing vehicle motion in ADS-
equipped dual-mode vehicles when a child is seated behind driving 
controls is the most appropriate option for handling what could be a 
potentially life-threatening situation to a child. NHTSA's core concern 
is the safety of all occupants, including children, and considers the 
potential risk to a child behind driving controls in a dual-mode ADS as 
both foreseeable and unacceptable. NHTSA also requests comment and 
technical information from industry on how they plan to protect 
children who may be seated behind driving controls in dual-mode 
vehicles. Additionally, the agency requests comment on if and how best 
NHTSA could conduct research to further explore how best to protect 
children who may be seated behind driving controls in dual-mode ADS-
equipped vehicles.

                               Table VI-5
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
No current regulatory text.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S19.5 Motion suppression for vehicles with manually-operated driving
 controls that do not require a driver. Each vehicle that is certified
 as complying with S14 shall not be capable of motion when a 12-month-
 old CRABI dummy is placed at the driver's seating position and the
 vehicle is in an operational state that does not require a driver.
S19.5.1 Motion suppression shall be assessed under the test procedures
 specified in S20.1 through S20.2, except that the 12-month-old CRABI
 dummy is placed in the driver's seating position and the result shall
 be an inability of engage vehicle motion.
------------------------------------------------------------------------

7. Driver's Seat Used as a Spatial Reference
i. Buses
    FMVSS No. 208, S4.4, addresses the belt and crash test requirements 
and options for buses, including school buses, of every weight class. 
In S4.4.1 through S4.4.5, the driver's DSP is used as a frame of 
reference, primarily for the installation of seat belts. Depending on 
the bus type and GVWR, the driver's DSP is required to either be 
outfitted with a Type 1 or 2 seat belt or meet a crash test option. As 
is the case with vehicles other than buses, the regulatory text must 
address when the driver's DSP is not present in an ADS-equipped 
vehicle. However, buses are unique in that the protection required for 
other vehicle seats depends on the location of the seat when compared 
to the location of the driver's DSP. For example, S4.4.3.2.1 specifies 
the belt requirements for ``any outboard designated seating position 
not rearward of the driver's.''
    For ADS-equipped vehicles without driver's seats, a direct 
translation could be achieved by simply substituting ``left front 
outboard seat.'' However, ADS-equipped vehicles may not have a left 
front outboard seat, so the agency sees no inherent reason to reference 
the left outboard seat over the right front outboard seat in these 
vehicles. Therefore, for vehicles without a driver's seat, we propose 
to make references to both front row outboard seats, using the 
definition of ``row'' originally provided in FMVSS No. 226 and now 
being moved to Part 571.3. An example of this translation is provided 
below in Table VI-6, for school buses with a GVWR of 4,536 kg (10,000 
lb) or less below. Similar changes can be found in S4.4.1 and 
S4.4.5.1.1.
    An alternative to referencing the outboard seats in the front 
``row'' would be to have more simply specified front outboard seats. 
One challenge to this would be that bus seating configuration can be 
somewhat unique, with offset seats in the same row. Thus, referencing 
the front ``row'' may in some cases provide additional clarity. In 
similar situations for other vehicle types, it may not be necessary to 
refer to ``row,'' but just front outboard seats.
    We also seek comment on whether modifying the text below to 
reference only the front row, even in cases where a school bus has a 
driver's DSP, is a viable option without any significant negative 
effect.

                               Table VI-6
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S4.4.3.2.1 The driver's designated seating position and any outboard
 designated seating position not rearward of the driver's seating
 position shall be equipped with a Type 2 seat belt assembly.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S4.4.3.2.1 The driver's designated seating position and any outboard
 designated seating position not rearward of the driver's seating
 position shall be equipped with a Type 2 seat belt assembly. For a
 school bus without a driver's designated seating position, the outboard
 designated seating positions in the front row of seats shall be
 equipped with Type 2 seat belt assemblies.
------------------------------------------------------------------------

    For all buses with a GVWR of more than 4,536 kg (10,000 lb), but 
not greater than 11,793 kg (26,000 lb) and school buses with a GVWR of 
greater than 11,793 kg (26,000 lb), only the driver's seating position 
is required to be

[[Page 17638]]

outfitted with a Type 1 or 2 seat belt or meet a crash test option. 
Seat belts provide protection in most types of crashes by keeping 
occupants within the vehicle and close to their original seating 
position, provide ``ride-down'' by gradually decelerating the occupant 
as the vehicle deforms and absorbs energy, and, if possible, prevent 
occupants from contacting harmful interior surfaces or one another.\63\ 
NHTSA is primarily concerned with ensuring safety, and requests comment 
on how best the agency can ensure that occupants receive the same 
protections they receive today. For ADS-equipped buses mentioned above, 
without a driver's seat, NHTSA believes there are several distinct 
approaches to apply the protection requirements currently in this 
standard. First, NHTSA seeks comment on requiring all front seats have 
seat belts. Second, NHTSA seeks comment on requiring the right front 
outboard seating position to have a seat belt. Third, NHTSA requests 
comment on requiring at least one front passenger seat meet the 
required protections. Finally, NHTSA seeks comment on 
compartmentalization as a barrier to ejection, such as is required for 
passengers of school buses with a GVWR of more than 4,536 kg (10,000 
lb). NHTSA tentatively proposes that all front passenger seats meet the 
protection requirements that must currently be met by the driver's seat 
in order to maintain the safety need inherent within the current 
requirement for a seat belt. While NHTSA proposes this particular 
option, the agency notes that any or none of the abovementioned options 
could be selected depending on stakeholder feedback.
---------------------------------------------------------------------------

    \63\ DOT HS 812 069, January 2015.
---------------------------------------------------------------------------

    Larger buses may only have a single front DSP, i.e., the driver's 
seat, with the right front area being taken by access to the passenger 
rows. Thus, in these configurations there is no other front passenger 
to protect. As we stated above, an ADS-equipped bus may not have a left 
front outboard seat at all, but may have multiple front passenger 
seats. We cannot meaningfully predict where any front passenger seat 
might be in an ADS-equipped bus. Therefore, the proposal above aims to 
offer seat belt protection to all front passengers, in the interest of 
assuring that any front passenger in ADS vehicles, regardless of 
lateral seat location, would have an available seat belt. Our rationale 
is there is likely a similar safety risk in all front row seats and 
that the prediction of where an individual might sit in the front row 
is likely to change in ADS-equipped vehicles, rather than permitting 
manufacturers to arbitrarily choose which front row occupant receives 
the protection of a seat belt.
    Even so, the agency initially considered requiring a seat belt for 
a single front passenger in these buses, because doing so maintains the 
level of performance and protection currently required for non-ADS 
vehicles. Our reasoning was that any single vehicle occupant could 
choose to sit in the single seat location equipped with a belt, even if 
only one belted position were provided. We assume that if they chose to 
sit at a front seat location without a seat belt, they would either not 
be interested in wearing a seat belt, were not aware that a seat belt 
equipped DSP were present, or all other seats were taken. We think that 
lack of awareness of a seat belt is unlikely, due to the visibility of 
seat belts, although we have not studied this circumstance. We seek 
comment on whether it would be more appropriate to require seat belts 
at only one DSP, rather than at all front passenger seating position. 
Vehicles with a driver's seat would continue being treated as they 
always have. These proposed changes can be found in S4.4.4.1.2, 
S4.4.4.2 and S4.4.5.3. We note that S4.4.4.1.1, which refers to a 
regulatory option for complete passive protection that to the agency's 
knowledge has never been used, is not being modified in this proposal. 
We seek comment on the need to modify this seldom used regulatory 
option.
ii. Dummy Placement in Bench Seats
    In light vehicles, the driver's seat and the dummy placed there 
also provides a spatial reference point for the lateral positioning of 
the dummy in the outboard passenger seat on the other side of the 
vehicle. Currently, the passenger dummy is placed at the same lateral 
distance as the driver dummy from the vehicle longitudinal centerline. 
The driver is positioned by centering on the center of rotation of the 
steering control. When the driver reference is absent, as will be the 
case in ADS vehicles without driving controls, an alternative must be 
found for positioning of the passenger dummies. There are multiple 
approaches to this issue. One method would be to use the centerline of 
the head restraint on the left side or both sides of the vehicle. If 
just done on the left side, the right outboard passenger positioning 
would again use the left seat as a frame of reference. We have 
tentatively decided against this option because head restraints can 
sometimes be asymmetric. Instead, we are proposing to position both 
outboard passenger dummies by using the seating reference point of the 
DSP where they are located. We are no longer using the left outboard 
dummy position as a reference for the right outboard dummy, although, 
we would expect symmetry in most cases. This proposed approach ensures 
that there are available and easy-to-understand spatial references, 
regardless of front seat configuration in an ADS-DV. An example of this 
change is provided in Table VI-7, below. Other examples can be found in 
S10.4.1.1, S20.2.1.4, S20.2.2.3, S20.4.4, S22.2.1.3, S22.2.2.1, 
S22.2.2.3, S22.2.2.4, S22.2.2.5, S22.2.2.6, S22.2.2.7 and S24.2.3.
    We ask for comment on whether the text associated with a driver's 
DSP could be deleted without any significant effect.

                               Table VI-7
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S16.3.3.1.4 Bench seats. Position the midsagittal plane of the dummy
 vertical and parallel to the vehicle's longitudinal centerline and the
 same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the
 driver dummy.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S16.3.3.1.4 Bench seats. Position the midsagittal plane of the dummy
 vertical and parallel to the vehicle's longitudinal centerline and the
 same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the
 driver dummy, if there is a driver's seating position. Otherwise, the
 midsagittal plane of any front outboard passenger dummy shall be
 vertical, parallel to the vehicle's longitudinal centerline, and pass,
 within 10 mm (0.4 in), through the seating
 reference point of the seat that it occupies.
------------------------------------------------------------------------

iii. Left Versus Right Vehicle Side
    In the performance of certain tests, specific steps in the vehicle 
preparation reference the driver's side of the vehicle. In S13.3, the 
sill of the vehicle on the driver's side is leveled. In this case, 
NHTSA believes that with a simple direct translation of ``left side'' 
there is no loss in meaning and the test can be performed just as 
effectively and achieve the same safety goal. The agency requests 
comment on whether stakeholders agree that this option will result in 
the same performance outcome.
8. Direct Translations
    In some situations, a simple direct change from ``driver'' to 
``front left outboard'' in the regulatory text is appropriate since 
there is no loss in meaning and the requirement or test

[[Page 17639]]

procedure being specified can be described or performed just as 
effectively and achieve the same safety outcome. Such a situation 
occurs in S16.2.10.3. In this example, the adjustment made to the 
driver's seat also controls the passenger seat, such as is the case 
with a bench seat. NHTSA does not believe there will be any unwanted 
implications of the front left outboard seat adjustment of an ADS 
vehicle controlling the positioning of a bench seat, as opposed to the 
right front seat. We note that if the front left outboard seat does not 
exist, the regulatory text is still viable as it is currently written.

                               Table VI-8
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
S16.2.10.3 Seat position adjustment. If the passenger seat does not
 adjust independently of the driver seat, the driver seat shall control
 the final position of the passenger seat.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
S16.2.10.3 Seat position adjustment. If the front right outboard
 passenger seat does not adjust independently of the front left outboard
 seat, the front left outboard seat shall control the final position of
 the front right outboard passenger seat.
------------------------------------------------------------------------

9. Minor Editorial Revisions
    At every occurrence of the term ``steering wheel,'' we have 
substituted the term ``steering control.'' These terms are synonymous 
as can be seen by the definition of ``steering control system.'' 
Nonetheless, the agency believes there is some merit in changing 
``wheel'' to ``control'' in consideration of steering controls that may 
not be circular, e.g., shaped more like an air plane yoke control. We 
note that such systems would have both a ``hub'' about which they turn 
and a rim, i.e., an outer edge. A similar change was made in every 
FMVSS that is the subject of this NPRM.
10. Regulatory Text Not Modified Due to Non-Active Requirements
    Various sections of the regulatory text of FMVSS No. 208 are no 
longer active because they have been superseded by revisions NHTSA has 
made over the years. NHTSA has tentatively decided to only provide 
translated regulatory text for active sections. However, even though a 
particular section may state its applicability is outdated for a 
particular vehicle type, this same section may be referenced for 
another vehicle type still in production. Therefore, care needs to be 
taken in determining which sections need not be translated. Table VI-9 
lists the sections that make some reference to ``driver'' or ``steering 
wheel/control,'' but have not been updated through this document since 
they are no longer active. The form of the translation that would have 
been required to these sections, if any, has not be determined. NHTSA 
seeks comment on whether this is the correct approach.

                               Table VI-9
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
           Section for Which No Translation Has Been Provided
------------------------------------------------------------------------
S4.1.3.4(a)(1) and (2), S4.1.4.1, S4.1.5.2.1, S4.1.5.3, S4.2.1.2(b),
 S4.2.5.4(c), S4.2.5.5(a)(1) and (2), S4.2.6.1.1, S4.2.6.2,
 S4.5.3.3(b)(B), S4.5.4.1(b)(2), S4.5.4.2.
------------------------------------------------------------------------

b. FMVSS No. 201; Occupant Protection in Interior Impacts

    FMVSS No. 201 sets out performance requirements to protect 
occupants from injury due to impact with interior surfaces. Many of 
these requirements state that certain defined areas of the vehicle's 
interior must provide a minimum level of protection when impacted by a 
test device. Currently, the standard describes many of these defined 
impact areas with references to the driver's seating position and 
steering control.
    We propose to amend FMVSS No. 201 to permit the certification of 
vehicles without a driver's seat or steering controls. The proposed 
changes are described below.
1. Application Section
    NHTSA proposes to modify the application section (S2) so that the 
standard would apply to trucks only if they have at least one DSP. As 
discussed in the portion of this document focused on FMVSS No. 208, the 
rationale behind this modification rests primarily on lack of clarity 
on how to test and concerns about the necessity of testing occupant-
less trucks to this standard, as they would have no occupants or DSPs. 
Additionally, NHTSA tentatively concludes that the safety need that 
supports the crashworthiness requirement of FMVSS No. 201 for the 
protection of vehicle occupants does not exist for occupant-less 
trucks. Accordingly, NHTSA has tentatively decided to propose amending 
the application section of FMVSS No. 201 to apply only to trucks with 
DSPs.\64\
---------------------------------------------------------------------------

    \64\ As noted above, there are some standards that are 
applicable to trucks that we have chosen not to specify that they 
only apply if a DSP is present because the standard is clearly only 
applicable to DSP location. One such example is FMVSS No. 202a, 
which specifies the requirements for head restraints depending on 
the seating position, e.g., front outboard. Thus, if there are no 
seating positions, such as could be the case for a occupant-less 
vehicle, the restraint requirements do not apply.
---------------------------------------------------------------------------

2. Modifications To Address That There May Be No Driver's Seat and 
Multiple Outboard Passenger Seats
    Sections S5.1, S5.1.2, and S8.24 would be modified to allow 
multiple front outboard passengers. (See explanation in section 
VI.a.2.)
3. Driver's Seat Used as Spatial Reference
    NHTSA proposes to modify definitions for ``A-pillar;'' ``B-
pillar;'' and ``pillar'' in S3, and the partial carve-out in S6.3(b) 
for altered vehicles and vehicles manufactured in multiple stages to 
use ``the most rearward designated seating position in the forward 
row'' as a reference point (instead of the ``driver's seat) to describe 
a spatial plane. (See explanation in section VI.a.7.i.) For the 
exclusion for multistage vehicles provided in S6.3(a), we note that 
specifying the rearmost seating reference point is consistent with the 
excluded area for non-multistage vehicles. However, the excluded area 
might be larger if the forward most seating reference point were used 
as a reference. Whether the excluded area would be larger or smaller 
than a vehicle with a driver's seat would depend on the relative 
position of the driver's seat. We seek comment on whether the excluded 
area should be more or less inclusive for multistage vehicles and the 
means to achieve any suggested recommendation.

                               Table VI-10
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                              Before Change
------------------------------------------------------------------------
A-pillar means any pillar that is entirely forward of a transverse
 vertical plane passing through the seating reference point of the
 driver's seat.
------------------------------------------------------------------------
                              After Change
------------------------------------------------------------------------
A-pillar means any pillar that is entirely forward of a transverse
 vertical plane passing through the seating reference point of the
 driver's designated seating position or, if there is no driver's
 designated seating position, any pillar that is entirely forward of a
 transverse vertical plane passing through the seating reference point
 of the rearmost designated seating position in the front row of seats.
------------------------------------------------------------------------

4. Steering Control Used as a Spatial Reference
    NHTSA proposes to modify Section S5.1.1(d), which states that S5.1 
does not apply to certain areas of the

[[Page 17640]]

instrument panel that are bounded by the inboard edge of the steering 
control, so that it would apply only if a steering wheel is present. 
This change would clarify that S5.1.1(d) would not apply on a vehicle 
without a steering control.

c. FMVSS No. 203; Impact Protection for the Drivers From the Steering 
Control System, and FMVSS No. 204; Steering Control Rearward 
Displacement

    NHTSA proposes modifying the Application section (S2) of FMVSS No. 
203 and the Application section (S2) of FMVSS No. 204 to state that the 
standards do not apply to vehicles without steering controls. The 
agency believes that these proposed changes would not reduce vehicle 
safety because, if there is no steering control present at the seating 
position where the driver's seat would normally be located, that 
seating position would become a passenger seat that is still subject to 
the protection afforded by the requirements of FMVSS No. 201.\65\
---------------------------------------------------------------------------

    \65\ We note that, because most vehicles to which FMVSS No. 203 
applies are not required to be equipped with air bags, NHTSA 
believes that a passenger seat that meets FMVSS No. 201 may provide 
equal or greater occupant protection than a driver's seat that is 
equipped with steering controls that meet FMVSS No. 203. In the 
absence of air bags, NHTSA believes that a passenger seat that has 
no steering controls would be safer than a driver's seat with a 
FMVSS No. 203-compliant steering column, because the presence of a 
steering column could itself increase risk of injury due to its 
proximity to the driver in a crash.
---------------------------------------------------------------------------

    We note that this approach addresses multiple RFC comments. As 
discussed in the comment summary, some commenters seemed to believe 
that this standard simply would not apply to ADS-DVs without 
traditional manual controls, while others requested that NHTSA clearly 
indicate the applicability of this standard to these vehicles in the 
regulatory text. Some manufacturers have petitioned NHTSA for an 
exemption from FMVSS Nos. 203 and 204, which indicates that some 
companies may be unsure of whether these standards were if-equipped 
standards or included a requirement to equip vehicles with steering 
control systems. In developing a solution for resolving these 
ambiguities, NHTSA also assessed whether elimination of this standard 
for vehicles without steering controls, i.e. ADS-equipped vehicles 
without traditional manual controls, will maintain the level of 
crashworthiness protection among vehicles with or without ADS 
functionality. We have tentatively concluded that safety will be 
maintained due to the modifications that we have made to other 
standards to ensure the protection of that occupant (especially the 
changes proposed for FMVSS Nos. 201 and 208).
    In addition to the change in applicability, we propose to move the 
definition of ``steering control system'' in FMVSS No. 203 to Part 
571.3, as we discussed above in section V.b.

d. FMVSS No. 205; Glazing Materials

    NHTSA proposes modifying the Application Section (S3) so that the 
standard would apply to trucks only if they have at least one DSP for 
the reasons discussed in previous sections of this notice. In 
particular, see the discussions of this issue in the FMVSS No. 208 and 
FMVSS No. 201 sections. (See explanation in sections VI.a.1 and 
VI.b.1.) No other changes are proposed.

e. FMVSS No. 206; Door Locks and Door Retention Components

    NHTSA proposes modifying the Application Section (S2) so that the 
standard would apply to trucks only if they have at least one DSP for 
the reasons discussed in previous sections of this notice. In 
particular, see the discussions of this issue in the FMVSS No. 208 and 
FMVSS No. 201 sections. (See explanation in sections VI.a.1 and 
VI.b.1.)
    This NPRM also proposes to modify the definitions for ``side front 
door'' and ``side rear door,'' which use the ``driver's seat back'' as 
a spatial frame of reference, so that they can also apply to vehicles 
without a driver's seat. (See explanation in section VI.b.1.)
    The test procedure step in S5.1.1.4, would be modified to replace a 
reference to the ``driver's side'' of the vehicle with ``left side.'' 
\66\ (See explanation in section VI.a.7.iii.) We note that, since both 
sides of the vehicle are tested, ADS and non-ADS vehicles would 
continue to be subject to identical testing requirements.
---------------------------------------------------------------------------

    \66\ We note that an identical test step is performed on the 
``opposite'' side of the vehicle.
---------------------------------------------------------------------------

f. FMVSS No. 207; Seating Systems

    NHTSA proposes modifying the Application Section (S2) so that the 
standard would apply to trucks only if they have at least one DSP for 
the reasons discussed in previous sections of this notice. In 
particular, see the discussions of this issue in the FMVSS No. 208 and 
FMVSS No. 201 sections. (See explanation in sections VI.a.1 and 
VI.b.1.)
    NHTSA proposes to modify the requirement that a vehicle have a 
driver's seat (S4.1) to specify that a driver's seat would be required 
only for vehicles with manually-operated driving controls. This leaves 
unchanged the requirement of S4.1 for non-ADS vehicles. By virtue of 
the new definition of driver's seat (driver's designated seating 
position) and manually-operated driving controls, a driver's seat must 
have immediate access to such controls. Therefore, the proposed 
addition to S4.1 would clarify that a vehicle equipped with ADS without 
traditional driving controls need not have a driver's seat. However, an 
ADS-equipped vehicle with driving controls would still need to have a 
driver's seat.

g. FMVSS No. 214; Side Impact Protection

    The proposed translations to FMVSS No. 214 match closely with the 
proposed changes to FMVSS No. 208. Like FMVSS No. 208, FMVSS No. 214 
currently applies to all trucks, including occupant-less trucks that 
have no DSPs. Because occupant-less trucks would presumably have no 
DSPs, it is unclear how the dynamic side impact crash tests could be 
performed and whether the safety need of FMVSS No. 214 supports the 
requirements of the standard for the protection occupants in an 
occupant-less truck. Therefore, NHTSA proposes amending the application 
section of FMVSS No. 214 to apply only to trucks with DSPs. 
Additionally, as with FMVSS No. 208, NHTSA proposes clarifying that 
there may be multiple front outboard passengers by using the phrase 
``any front outboard passenger.'' NHTSA also proposes clarifying the 
test dummy positioning on bench seats by using the seating reference 
point of the DSP where they are located. Finally, NHTSA proposes 
clarifying that the ``driver's side'' now means the vehicle left side 
for spatial reference purposes. Table VI-11 below, provides the types 
of translations, the regulatory text section with examples of the 
change and the section number or this NPRM where a more detailed 
explanation of the change can be found.

[[Page 17641]]



                            Table VI-11--Types of Translations Made in FMVSS No. 214
----------------------------------------------------------------------------------------------------------------
           Type of translation                  Example section                       Explanation
----------------------------------------------------------------------------------------------------------------
Clarification of Application Section....  S2.........................  See sections VI.a.1VI.b.1.
Clarification that there may be multiple  S12.3.1(d).................  See section VI.a.2.
 front outboard passengers, by the use
 of ``any''.
Clarification of test dummy positioning   S12.1.2(1).................  See section VI.a.7.ii.
 on bench seats.
Translation of driver's side to vehicle   S10.2......................  See section VI.a.7.iii.
 left side for spatial reference.
----------------------------------------------------------------------------------------------------------------

h. FMVSS No. 216a; Roof Crush Resistance

    NHTSA proposes to modify the Application Section (S3) so that the 
standard would apply to trucks only if they have at least one DSP for 
the reasons discussed in previous sections of this notice. In 
particular, see the discussions of this issue in the FMVSS No. 208 and 
FMVSS No. 201 sections. (See explanation in section VI.a.1 and VI.b.1.)
    NHTSA proposes to modify the procedures for setting up the vehicle 
for testing in S7.1 to reference the left side and right side of the 
vehicle rather than the driver's side and passenger's side. (See 
explanation in VI.a.7.iii.)

i. FMVSS No. 225; Child Restraint Anchorage Systems

    NHTSA proposes to modify the definition of ``shuttle bus'' to 
clarify that if the bus does not have a driver's seat, it meets the 
definition of a shuttle bus if it has only one row of forward-facing 
seating positions rearward of the front row, rather than only one row 
of forward-facing seating positions rearward of the driver's seat. 
Thus, the front row is used as the frame of reference rather than the 
driver's seat, when there is no driver's seat. (See explanation in 
section VI.a.7.i.)

j. FMVSS No. 226; Ejection Mitigation

    NHTSA proposes to modify the Application Section (S2) so that the 
standard would apply to trucks only if they have at least one DSP for 
the reasons discussed in previous sections of this notice. In 
particular, see the discussions of this issue in the FMVSS No. 208 and 
FMVSS No. 201 sections. (See explanation in sections VI.a.1 and 
VI.b.1.)
    The existing definition of ``modified roof'' (in S3) uses the term 
``driver's compartment.'' This is a definition that provides an 
exclusion from the standard for vehicles with ``modified roofs.'' NHTSA 
proposes to make a simple substitution of ``occupant compartment.'' We 
note that this change is not specific to vehicles without drivers, but 
will affect all vehicles to which this standard applies. However, we 
expect that it will not have any substantive effect on non-ADS 
vehicles, i.e., we expect that the driver's compartment and the 
occupant compartment will identical. Thus, NHTSA does not expect or 
intend additional vehicles to be excluded from the standard, but seeks 
comment on whether this is accurate.
    S6.1(d) and (f) include test procedure requirements that reference 
``driver door sill'' for vehicle setup. NHTSA proposes to simply change 
those references to ``left front door sill,'' similar to what was 
explained in VI.a.7.iii.

k. Regulatory Text Related to Parking Brake and Transmission Position

    The crash tests required by the 200 Series standards, in general, 
do not require manually driving controls in order to conduct the tests. 
For example, in the full frontal test of FMVSS No. 208 the vehicle is 
towed down a test track and guided by a rail into a rigid barrier. 
There is no need to use the vehicle controls to steer the vehicle or 
control the impact speed. This does require the vehicle to have the 
vehicle transmission in neutral and no brakes applied. In contrast, the 
moving deformable barrier side crash test in FMVSS No. 214 requires the 
vehicle to be stationary, with the parking brake applied. In fact, 
multiple 200 (FMVSS Nos. 208, 214, and 212) and 300 (FMVSS Nos. 301, 
303, and 305) Series standards include regulatory text that dictates 
the status of the vehicles parking brake and transmission. However, in 
some instances, this detail is left for the Compliance Test Procedure 
that accompanies the regulatory text. NHTSA realizes that for vehicles 
without driver-accessible parking brakes or transmission selectors, how 
to properly prepare the vehicle for testing may not be immediately 
obvious. However, this situation is not totally unique or novel even 
for conventional non-ADS vehicles. NHTSA has tested vehicles with 
automatic electronic parking brakes and electronic gear selectors, 
which may make it challenging to place the vehicle transmission and 
brake into the pre-test position. In these instances, NHTSA and its 
testing laboratories have worked with the vehicle manufacturers to 
achieve the necessary vehicle status. Thus, we are not currently 
proposing any regulatory text changes related to interfacing with ADS-
equipped vehicles on pre-test brake and transmission status since the 
important element is whether the transmission is in the proper gear and 
whether the pre-test brake is activated--not the manner in which this 
state is achieved. NHTSA expects that manufacturers will provide the 
means for the agency to achieve the necessary brake and transmission 
status, if only for compliance testing purposes. We seek comment on the 
validity or our assumption and the proposed approach.

VII. Cost Impacts of This Modernization Effort

    A Preliminary Regulatory Impact Analysis (PRIA) can be found in the 
docket for this NPRM. A summary of the PRIA findings are provided 
below. The agency solicits comment on the PRIA. NHTSA calculated the 
impact of the proposed rule on costs by analyzing production cost 
savings arising from forgoing the installation of manual steering 
controls. These cost savings are partially offset by incremental costs 
associated with augmenting safety equipment in the left front seating 
position to make that position equivalent to the right front seating 
position, i.e., when what would have previously been a driver's seating 
position would become a passenger seating position in an ADS-DV without 
manual controls.
    Monetized estimated per-vehicle cost impacts (2018 dollars) are 
presented by discount rate in Table VII-1 below based on a scenario 
presented by the Energy Information Administration \67\ (EIA), in which 
ADS-DVs represent 31

[[Page 17642]]

percent of the share of new light-duty vehicle sales in the year 2050.
---------------------------------------------------------------------------

    \67\ Chase, N., Maples, J., and Schipper, M. (2018). Autonomous 
Vehicles: Uncertainties and Energy Implications. Issue in Focus from 
the Annual Energy Outlook 2018. Washington, DC: U.S. Energy 
Information Administration. Available at https://www.eia.gov/outlooks/aeo/av.php (last accessed October 22, 2019).

      Table VII-1: Summary of Net Per-Vehicle Cost Impact Estimates
               [ADS-DV cost impacts in 2050, 2018 dollars]
------------------------------------------------------------------------
                               Mean cost   5th- to 95th- percentile cost
        Discount rate            impact               impacts
------------------------------------------------------------------------
3%..........................        -$398  -$255 to -$540.
7%..........................        -$122  -$78 to -$166.
------------------------------------------------------------------------

    The ranges of estimates were identified within an uncertainty 
analysis addressing uncertainty in the average level of cost savings 
that would be achieved by ADS-DV manufacturers. The uncertainty 
analysis centered on identifying plausible ranges of the per-vehicle 
cost savings, with corresponding assumptions regarding the 
distributions of values across each range (i.e., the likelihood of 
observing a particular value). The uncertainty analysis generated 
50,000 simulated outcomes, across which the mean and percentile values 
reported in Table VII-2 were identified. In addition to the above 
ranges of estimates, the agency performed a sensitivity analysis in 
which 30 percent of ADS-DV sales in 2050 are comprised of dual-mode 
vehicles. See the PRIA for the results of that analysis.
    We request comment on this approach to representing the range of 
estimated impacts under uncertainty.
    NHTSA assumed that light-duty vehicle sales would follow the 
identical baseline path specified in the Preliminary Regulatory Impact 
Analysis for the Safer Affordable Fuel-Efficient Vehicle rule \68\ 
through 2032 (the last year specified in the baseline), and then would 
continue to grow at the average annual growth rate in the baseline from 
2028-2032 (approximately 0.2 percent per year) for each year after 
2032, growing to 18.7 million new light-duty vehicles sold in 2050. 
NHTSA assumed that the share of new light-duty vehicle sales comprised 
of ADS-DVs would reach 31 percent in the year 2050, based on the EIA 
scenario described above; \69\ thus, new ADS-DV sales in 2050 are 
assumed to be equal to 31 percent of 18.7 million, or 5.8 million. 
Based on these assumptions, NHTSA estimates that the proposed rule 
would save ADS-DV manufacturers and consumers approximately $2.3 
billion in the year 2050 (fifth-percentile estimate of $1.5 billion and 
95th-percentile estimate of $3.1 billion) when discounting back to 2019 
at a three-percent discount rate. At a seven-percent discount rate, the 
proposed rule is estimated to save ADS-DV manufacturers and consumers 
approximately $0.7 billion in the year 2050 (fifth-percentile estimate 
of $0.5 billion and 95th-percentile of $1.0 billion).
---------------------------------------------------------------------------

    \68\ https://www.nhtsa.gov/corporate-average-fuel-economy/safe 
(last accessed October 22, 2019).
    \69\ Chase, N., Maples, J., and Schipper, M. (2018). Autonomous 
Vehicles: Uncertainties and Energy Implications. Issue in Focus from 
the Annual Energy Outlook 2018. Washington, DC: U.S. Energy 
Information Administration. Available at https://www.eia.gov/outlooks/aeo/av.php (last accessed October 22, 2019).

Table VII-2: Summary of Total Monetized Annual Net Cost Impact Estimates
         [ADS-DV cost impacts in 2050, billions of 2018 dollars]
------------------------------------------------------------------------
                               Mean cost   5th- to 95th- percentile cost
        Discount rate            impact               impacts
------------------------------------------------------------------------
3%..........................        -$2.3  -$1.5 to -$3.1.
7%..........................        -$0.7  -$0.5 to -$1.0.
------------------------------------------------------------------------

VIII. Regulatory Notices and Analyses

a. Executive Order 13771

    This proposed rule is expected to be an Executive Order 13771 
deregulatory action. Details on the estimated cost savings of this 
proposed rule can be found in the preamble's discussion on cost impacts 
and in the accompanying supporting document providing further 
discussion in the docket for this NPRM.

b. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), as amended by Executive Order 13563, 
``Improving Regulation and Regulatory Review'' (76 FR 3821, January 21, 
2011), provides for making determinations whether a regulatory action 
is ``significant'' and therefore subject to OMB review and to the 
requirements of the Executive Order. The Order defines a ``significant 
regulatory action'' as one that is likely to result in a rule that may:

     Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, or Tribal governments or 
communities;
     Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
     Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.

    This action was reviewed by the Office of Management and Budget 
under E.O. 12866. This action is a significant regulatory action within 
the meaning of E.O. 12866 and under the Department of Transportation's 
regulatory policies and procedures (44 FR 11034, February 26, 1979).
    This action is significant because it raises the novel legal and 
policy issues surrounding the regulation of vehicles equipped with ADS 
and is the subject of much public interest. The cost savings of this 
deregulatory proposal are described in the preamble and discussed in 
greater detail in the accompanying cost savings document included in 
this docket.

c. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of proposed rulemaking or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)(1)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies the proposal will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a proposal will not have a 
significant economic impact on a substantial number of small entities.
    This action proposes amendments to and clarifies the application of 
existing occupant protection standards to vehicles equipped with ADS 
that also lack traditional manual controls. This proposed rule would 
apply to small motor vehicle manufacturers who wish to produce ADS 
without manual controls and with conventional seating arrangements 
(i.e., forward-facing, front row seats). NHTSA analyzed current small 
manufacturers and current small ADS developers in detail in the PRIA, 
and found that none of the entities listed in the analysis would be 
impacted by this proposal. Thus, I hereby certify

[[Page 17643]]

that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. Additional details related to 
the basis of this finding can be found in the PRIA for this rulemaking 
proposal.

d. Executive Order 13132 (Federalism)

    NHTSA has examined this proposal pursuant to Executive Order 13132 
(64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments or their representatives is 
mandated beyond the rulemaking process. The agency has concluded that 
the rulemaking will not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The proposal will not have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    NHTSA rules can preempt in two ways. First, the National Traffic 
and Motor Vehicle Safety Act contains an express preemption provision: 
When a motor vehicle safety standard is in effect under this chapter, a 
State or a political subdivision of a State may prescribe or continue 
in effect a standard applicable to the same aspect of performance of a 
motor vehicle or motor vehicle equipment only if the standard is 
identical to the standard prescribed under this chapter. 49 U.S.C. 
30103(b)(1). It is this statutory command by Congress that preempts any 
non-identical State legislative and administrative law addressing the 
same aspect of performance.
    The express preemption provision described above is subject to a 
savings clause under which ``[c]ompliance with a motor vehicle safety 
standard prescribed under this chapter does not exempt a person from 
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this 
provision, State common law tort causes of action against motor vehicle 
manufacturers that might otherwise be preempted by the express 
preemption provision are generally preserved. However, the Supreme 
Court has recognized the possibility, in some instances, of implied 
preemption of such State common law tort causes of action by virtue of 
NHTSA's rules, even if not expressly preempted. This second way that 
NHTSA rules can preempt is dependent upon there being an actual 
conflict between an FMVSS and the higher standard that would 
effectively be imposed on motor vehicle manufacturers if someone 
obtained a State common law tort judgment against the manufacturer, 
notwithstanding the manufacturer's compliance with the NHTSA standard. 
Because most NHTSA standards established by an FMVSS are minimum 
standards, a State common law tort cause of action that seeks to impose 
a higher standard on motor vehicle manufacturers will generally not be 
preempted. However, if and when such a conflict does exist--for 
example, when the standard at issue is both a minimum and a maximum 
standard--the State common law tort cause of action is impliedly 
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Orders 13132 and 12988, NHTSA has considered 
whether this proposal could or should preempt State common law causes 
of action. The agency's ability to announce its conclusion regarding 
the preemptive effect of one of its rules reduces the likelihood that 
preemption will be an issue in any subsequent tort litigation.
    To this end, the agency has examined the nature (e.g., the language 
and structure of the regulatory text) and objectives of this proposal 
and finds that this proposal, like many NHTSA rules, would prescribe 
only a minimum safety standard. As such, NHTSA does not intend that 
this proposal preempt state tort law that would effectively impose a 
higher standard on motor vehicle manufacturers than that to be 
established by this proposal. Establishment of a higher standard by 
means of State tort law would not conflict with the minimum standard 
announced here. Without any conflict, there could not be any implied 
preemption of a State common law tort cause of action.

e. Executive Order 12988 (Civil Justice Reform)

    When promulgating a regulation, Executive Order 12988 specifically 
requires that the agency must make every reasonable effort to ensure 
that the regulation, as appropriate: (1) Specifies in clear language 
the preemptive effect; (2) specifies in clear language the effect on 
existing Federal law or regulation, including all provisions repealed, 
circumscribed, displaced, impaired, or modified; (3) provides a clear 
legal standard for affected conduct rather than a general standard, 
while promoting simplification and burden reduction; (4) specifies in 
clear language the retroactive effect; (5) specifies whether 
administrative proceedings are to be required before parties may file 
suit in court; (6) explicitly or implicitly defines key terms; and (7) 
addresses other important issues affecting clarity and general 
draftsmanship of regulations.
    Pursuant to this Order, NHTSA notes as follows. The preemptive 
effect of this proposed rule is discussed above in connection with E.O. 
13132. NHTSA notes further that there is no requirement that 
individuals submit a petition for reconsideration or pursue other 
administrative proceeding before they may file suit in court.

f. Executive Order 13045 (Protection of Children From Environmental 
Health and Safety Risks)

    Executive Order 13045, ``Protection of Children from Environmental 
Health and Safety Risks,'' (62 FR 19885; April 23, 1997) applies to any 
proposed or final rule that: (1) Is determined to be ``economically 
significant,'' as defined in E.O. 12866, and (2) concerns an 
environmental health or safety risk that NHTSA has reason to believe 
may have a disproportionate effect on children. If a rule meets both 
criteria, the agency must evaluate the environmental health or safety 
effects of the rule on children, and explain why the rule is preferable 
to other potentially effective and reasonably feasible alternatives 
considered by the agency.
    This proposed rule is not expected to have a disproportionate 
health or safety impact on children. Consequently, no further analysis 
is required under Executive Order 13045.

g. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. NHTSA has analyzed 
this proposed rule under the policies and agency responsibilities of 
Executive Order 13609, and has determined this proposal would have no 
effect on international regulatory cooperation.

h. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), a person is not 
required to respond to a collection of information by a Federal agency 
unless the collection displays a valid OMB control number. This 
proposed rule imposes no new reporting requirements on manufacturers.

[[Page 17644]]

i. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as SAE. The NTTAA directs us 
to provide Congress, through OMB, explanations when we decide not to 
use available and applicable voluntary consensus standards.
    Pursuant to the above requirements, the agency conducted a review 
of voluntary consensus standards to determine if any were applicable to 
this proposed rule. NHTSA searched for but did not find voluntary 
consensus standards directly applicable to the amendments proposed in 
this NPRM. Neither is NHTSA aware of any international regulations of 
Global Technical Regulation (GTR) activity addressing the subject of 
this proposal.

j. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires federal 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). Before promulgating a rule for which a written statement is 
needed, section 205 of the UMRA generally requires the agency to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows the agency to adopt an alternative 
other than the least costly, most cost-effective, or least burdensome 
alternative if the agency publishes with the final rule an explanation 
of why that alternative was not adopted.
    Although this proposed rule is a significant regulatory action, it 
does not contain a mandate that would impose costs on the private 
sector of more than $100 million annually (adjusted for inflation with 
base year of 1995). As a result, the requirements of Section 202 of the 
Act do not apply.

k. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act. The agency has determined that 
implementation of this proposed action will not have any significant 
impact on the quality of the human environment.

l. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:

     Have we organized the material to suit the public's 
needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of 
sections, use of headings, paragraphing) make the rule easier to 
understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?

    If you have any responses to these questions, please include them 
in your comments on this proposal.

m. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

IX. Regulatory Text

List of Subjects in 49 CFR Part 571

    Motor vehicles, Motor vehicle safety.

    In consideration of the foregoing, we propose to amend 49 CFR part 
571 to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.

0
2. Amend Sec.  571.3(b) by:
0
a. Adding in alphabetical order the definitions of ``Driver air bag'', 
``Driver dummy'', ``Driver's designated seating position'', and 
``Manually-operated driving controls'';
0
b. Revising the definition of ``Outboard designated seating position''; 
and
0
c. Adding in alphabetical order the definitions of ``Passenger seating 
position'', ``Row'', and ``Steering control system''.
    The additions and revision read as follows:


Sec.  571.3  Definitions.

* * * * *
    (b) * * *
    Driver air bag means the air bag installed for the protection of 
the occupant of the driver's designated seating position.
    Driver dummy means the test dummy positioned in the driver's 
designated seating position.
    Driver's designated seating position means a designated seating 
position providing immediate access to manually-operated driving 
controls. As used in this part, the terms ``driver's seating position'' 
and ``driver's seat'' shall have the same meaning as ``driver's 
designated seating position.''
* * * * *
    Manually-operated driving controls means a system of controls:
    (1) That are used by an occupant for real-time, sustained, manual 
manipulation of the motor vehicle's heading (steering) and/or speed 
(accelerator and brake); and
    (2) That are positioned such that they can be used by an occupant, 
regardless of whether the occupant is actively using the system to 
manipulate the vehicle's motion.
* * * * *
    Outboard designated seating position means a designated seating 
position where a longitudinal vertical plane tangent to the outboard 
side of the seat cushion is less than 12 inches from the innermost 
point on the inside surface of the vehicle at a height between the 
design H-point and the shoulder reference point (as shown in fig. 1 of 
Federal Motor Vehicle Safety Standard No. 210) and longitudinally 
between the front and rear edges of the seat cushion. As used in this 
part, the terms ``outboard seating position'' and ``outboard seat'' 
shall have the same meaning as ``outboard designated seating 
position.''
* * * * *
    Passenger seating position means any designated seating position 
other than

[[Page 17645]]

the driver's designated seating position. As used in this part, the 
term ``passenger seat'' shall have the same meaning as ``passenger 
seating position.'' As used in this part, ``passenger seating 
position'' means a driver's designated seating position with stowed 
manual controls.
* * * * *
    Row means a set of one or more seats whose seat outlines do not 
overlap with the seat outline of any other seats, when all seats are 
adjusted to their rearmost normal riding or driving position, when 
viewed from the side.
* * * * *
    Steering control system means the manually-operated driving control 
used to control the vehicle heading and its associated trim hardware, 
including any portion of a steering column assembly that provides 
energy absorption upon impact. As used in this part, the term 
``steering wheel'' and ``steering control'' shall have the same meaning 
as ``steering control system.''
* * * * *
0
3. Amend Sec.  571.201 by revising paragraph S2, the definitions of 
``A-pillar'', ``B-pillar'', and ``Pillar'' in paragraph S3, and 
paragraphs S5.1(b), S5.1.1(d), S5.1.2(a), S6.3(b), S8.6, S8.20, and 
S8.24 to read as follows:


Sec.  571.201  Standard No. 201; Occupant protection in interior 
impact.

* * * * *
    S2. Application. This standard applies to passenger cars and to 
multipurpose passenger vehicles, trucks with at least one designated 
seating position, and buses with a GVWR of 4,536 kilograms or less, 
except that the requirements of S6 do not apply to buses with a GVWR of 
more than 3,860 kilograms.
    S3. * * *
    A-pillar means any pillar that is entirely forward of a transverse 
vertical plane passing through the seating reference point of the 
driver's designated seating position or, if there is no driver's 
designated seating position, any pillar that is entirely forward of a 
transverse vertical plane passing through the seating reference point 
of the rearmost designated seating position in the front row of seats.
* * * * *
    B-pillar means the forwardmost pillar on each side of the vehicle 
that is, in whole or in part, rearward of a transverse vertical plane 
passing through the seating reference point of the driver's designated 
seating position or, if there is no driver's designated seating 
position, the forwardmost pillar on each side of the vehicle that is, 
in whole or in part, rearward of a transverse vertical plane passing 
through the seating reference point of the rearmost designated seating 
position in the front row of seats, unless:
    (1) There is only one pillar rearward of that plane and it is also 
a rearmost pillar; or
    (2) There is a door frame rearward of the A-pillar and forward of 
any other pillar or rearmost pillar.
* * * * *
    Pillar means any structure, excluding glazing and the vertical 
portion of door window frames, but including accompanying moldings, 
attached components such as safety belt anchorages and coat hooks, 
which:
    (1) If there is a driver's designated seating position, supports 
either a roof or any other structure (such as a roll-bar) that is above 
the driver's head, or if there is no driver's designated seating 
position, supports either a roof or any other structure (such as a 
roll-bar) that is above the occupant in the rearmost designated seating 
position in the front row of seats, or
    (2) Is located along the side edge of a window.
* * * * *
    S5.1 * * *
    (b) A relative velocity of 19 kilometers per hour for vehicles that 
meet the occupant crash protection requirements of S5.1 of 49 CFR 
571.208 by means of inflatable restraint systems and meet the 
requirements of S4.1.5.1(a)(3) by means of a Type 2 seat belt assembly 
at any front passenger designated seating position, the deceleration of 
the head form shall not exceed 80 g continuously for more than 3 
milliseconds.
    S5.1.1 * * *
    (d) If the steering control is present, areas outboard of any point 
of tangency on the instrument panel of a 165 mm diameter head form 
tangent to and inboard of a vertical longitudinal plane tangent to the 
inboard edge of the steering control; or
* * * * *
    S5.1.2 * * *
    (a) The origin of the line tangent to the instrument panel surface 
shall be a point on a transverse horizontal line through a point 125 mm 
horizontally forward of the seating reference point of any front 
outboard passenger designated seating position, displaced vertically an 
amount equal to the rise which results from a 125 mm forward adjustment 
of the seat or 19 mm; and
* * * * *
    S6.3 * * *
    (b) Any target located rearward of a vertical plane 600 mm behind 
the seating reference point of the rearmost designated seating 
position. For altered vehicles and vehicles built in two or more 
stages, including ambulances and motor homes, any target located 
rearward of a vertical plane 300 mm behind the seating reference point 
of the driver's designated seating position or the rearmost designated 
seating position in the front row of seats, if there is no driver's 
designated seating position (tests for altered vehicles and vehicles 
built in two or more stages do not include, within the time period for 
measuring HIC(d), any free motion headform contact with components 
rearward of this plane). If an altered vehicle or vehicle built in two 
or more stages is equipped with a transverse vertical partition 
positioned between the seating reference point of the driver's 
designated seating position and a vertical plane 300 mm behind the 
seating reference point of the driver's designated seating position, 
any target located rearward of the vertical partition is excluded.
* * * * *
    S8.6 Steering control and seats.
    (a) During targeting, the steering control and seats may be placed 
in any position intended for use while the vehicle is in motion.
    (b) During testing, the steering control and seats may be removed 
from the vehicle.
* * * * *
    S8.20 Adjustable steering controls--vehicle to pole test. 
Adjustable steering controls shall be adjusted so that the steering 
control hub is at the geometric center of the locus it describes when 
it is moved through its full range of driving positions.
* * * * *
    S8.24 Impact reference line--vehicle to pole test. On the striking 
side of the vehicle, place an impact reference line at the intersection 
of the vehicle exterior and a transverse vertical plane passing through 
the center of gravity of the head of the dummy seated in accordance 
with S8.28, in any front outboard designated seating position.
* * * * *
0
4. Amend Sec.  571.203 by revising paragraph S2 and removing and 
reserving paragraph S3 to read as follows:


Sec.  571.203  Standard No. 203; Impact protection for the driver from 
the steering control system.

* * * * *
    S2. Application. This standard applies to passenger cars and to 
multipurpose passenger vehicles, trucks and buses with a gross vehicle 
weight rating of 4,536 kg or less. However, it

[[Page 17646]]

does not apply to vehicles that conform to the frontal barrier crash 
requirements (S5.1) of Standard No. 208 (49 CFR 571.208) by means of 
other than seat belt assemblies. It also does not apply to walk-in vans 
or vehicles without a steering control.
    S3. [Reserved]
* * * * *
0
5. Amend Sec.  571.204 by revising paragraph S2 to read as follows:


Sec.  571.204  Standard No. 204; Steering control rearward 
displacement.

* * * * *
    S2. Application. This standard applies to passenger cars and to 
multipurpose passenger vehicles, trucks, and buses. However, it does 
not apply to walk-in vans or vehicles without steering controls.
* * * * *
0
6. Amend Sec.  571.205 by revising paragraph S3(a) to read as follows:


Sec.  571.205  Standard No. 205, Glazing materials.

* * * * *
    S3. * * *
    (a) This standard applies to passenger cars, multipurpose passenger 
vehicles, trucks with at least one designated seating position, buses, 
motorcycles, slide-in campers, pickup covers designed to carry persons 
while in motion and low speed vehicles, and to glazing materials for 
use in those vehicles.
* * * * *
0
7. Amend Sec.  571.206 by revising paragraph S2 and the definitions of 
``Side Front Door'' and ``Side Rear Door'' in paragraph S3 to read as 
follows:


Sec.  571.206   Standard No. 206; Door locks and door retention 
components.

* * * * *
    S2. Application. This standard applies to passenger cars, 
multipurpose passenger vehicles, and trucks with at least one 
designated seating position, and buses with a gross vehicle weight 
rating (GVWR) of 4,536 kg or less.
    S3. * * *
* * * * *
    Side Front Door is a door that, in a side view, has 50 percent or 
more of its opening area forward of the rearmost point on the driver's 
seat back, when the seat back is adjusted to its most vertical and 
rearward position. For vehicles without a driver's designated seating 
positions it is a door that in a side view, has 50 percent or more of 
its opening area forward of the rearmost point on the most rearward 
passengers seat back in the front row of seats, when the seat backs are 
adjusted to their most vertical and rearward position.
    Side Rear Door is a door that, in a side view, has 50 percent or 
more of its opening area to the rear of the rearmost point on the 
driver's seat back, when the driver's seat is adjusted to its most 
vertical and rearward position. For vehicles without a driver's 
designated seating positions it is a door that in a side view, has 50 
percent or more of its opening area rear of the rearmost point on the 
most rearward passengers seat back in the front row of seats, when the 
seat backs are adjusted to their most vertical and rearward position.
* * * * *
0
8. Amend Sec.  571.207 by revising paragraphs S2 and S4.1 to read as 
follows:


Sec.  571.207  Standard No. 207; Seating systems.

* * * * *
    S2. Application. This standard applies to passenger cars, 
multipurpose passenger vehicles, trucks with at least one designated 
seating position, and buses.
* * * * *
    S4.1 Driver's seat. Each vehicle with a manually-operated driving 
control shall have a driver's designated seating position.
* * * * *
0
9. Amend Sec.  571.208 by:
0
a. Revising paragraphs S3(a), S4.2, S4.2.5.4(c), S4.2.5.5(a)(2), 
S4.2.6.1.1, the definition of ``Perimeter seating bus'' in S4.4.1, and 
paragraphs S4.4.3.2.1, S4.4.3.2.2, S4.4.4.1.1, S4.4.4.1.2, S4.4.4.2, 
S4.4.5.1.1, S4.4.5.1.2 introductory text, S4.4.5.1.2(e), S4.4.5.3, 
S4.5.1(c)(3), S4.5.1(e)(1) introductory text, S4.5.1(e)(2) introductory 
text, S4.5.1(e)(3) introductory text, S4.5.1(f)(1), S4.11(d), 
S7.1.1.5(a), and S7.1.6;
0
b. Redesignating paragraph S7.1.6 as paragraph S7.1.1.6;
0
c. Revising paragraphs S8.1.4, S8.2.7(c), S10.2.1, S10.2.2, S10.3.1, 
S10.3.2, S10.4.1.1, S10.4.1.2, S10.4.2.1, S10.5, S10.6.1, S10.6.2, 
S10.7, S13.3, S16.2.9, S16.2.9.1, S16.2.9.2, S16.2.9.3, S16.2.10, 
S16.2.10.3, S16.3.2.1.4, S16.3.2.1.8, S16.3.2.1.9, S16.3.2.3.2, 
S16.3.2.3.3, S16.3.2.3.4, S16.3.3, S16.3.3.1, S16.3.3.1.2, S16.3.3.1.4, 
S16.3.3.2, S16.3.3.3, S16.3.4, S16.3.5, S19.2.1, S19.2.2 introductory 
text, (d), (g), and (h), S19.2.3, S19.3, and S19.4;
0
d. Adding paragraphs S19.5 and S19.5.1;
0
e. Revising paragraphs S20.1.2, S20.2, S20.2.1.1, S20.2.1.4, S20.2.2.3, 
S20.3, S20.3.1, S20.3.2, S20.4.1, S20.4.4, S20.4.9, S21.2.1, S21.2.3, 
S21.3, and S21.4;
0
f. Adding paragraphs S21.6, and S21.6.1,
0
g. Revising paragraphs S22.1.2, S22.1.3, S22.2, S22.2.1.1, S22.2.1.3, 
S22.2.2, S22.2.2.1(a) and (b), S22.2.2.3(a) and (b), S22.2.2.4(a), 
S22.2.2.5(a), S22.2.2.6(a) and (b), S22.2.2.7(a) and (b), S22.2.2.8(a) 
and (a)(6), S22.3, S22.3.1, S22.3.2, S22.4.2.2, S22.4.3.1, S22.4.3.2, 
S22.4.4, S22.5.1, S23.2.1, S23.2.3, S23.3, and S23.4;
0
h. Adding paragraphs S23.6, and S23.6.1; and
0
i. Revising paragraphs S24.1.2, S24.1.3, S24.2, S24.2.3, S24.3, 
S24.3.1, S24.3.2, S24.4.2.3, S24.4.3.1, S24.4.3.2 introductory text, 
S24.4.4, S26.2.1, S26.2.2, S26.2.4.3, S26.2.4.4, S26.2.5, S26.3.2, 
S26.3.3, S26.3.4.3, S26.3.5, S26.3.6, S26.3.7, S27.5.2, S27.6.2, S28.2, 
and S28.4.
    The revisions and additions 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 with at least one designated 
seating position, 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.
* * * * *
    S4.2 Trucks and multipurpose passenger vehicles with a GVWR of 
10,000 pounds or less. As used in this section, vehicles manufactured 
for operation by persons with disabilities means vehicles that 
incorporate a level change device (e.g., a wheelchair lift or a ramp) 
for onloading or offloading an occupant in a wheelchair, an interior 
element of design intended to provide the vertical clearance necessary 
to permit a person in a wheelchair to move between the lift or ramp and 
the driver's position or to occupy that position, and either an 
adaptive control or special driver's seating accommodation to enable 
persons who have limited use of their arms or legs to operate a 
vehicle. For purposes of this definition, special driver's seating 
accommodations include a driver's seat easily removable with means 
installed for that purpose or with simple tools, or a driver's seat 
with extended adjustment capability to allow a person to easily 
transfer from a wheelchair to the driver's seat.
* * * * *
    S4.2.5.4 * * *

[[Page 17647]]

    (c) Each truck, bus, and multipurpose passenger vehicle with a GVWR 
of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds 
or less manufactured on or after September 1, 1995, but before 
September 1, 1998, whose driver's seating position complies with the 
requirements of S4.1.2.1(a) of this standard by means not including any 
type of seat belt and whose right front passenger seating position is 
equipped with a manual Type 2 seat belt that complies with S5.1 of this 
standard, with the seat belt assembly adjusted in accordance with 
S7.4.2, shall be counted as a vehicle complying with S4.1.2.1.
    S4.2.5.5 * * *
    (a) * * *
    (2) Each truck, bus, and multipurpose passenger vehicle with a GVWR 
of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds 
or less whose driver's seating position complies with the requirements 
of S4.1.2.1(a) by means not including any type of seat belt and whose 
right front passenger seating position is equipped with a manual Type 2 
seat belt that complies with S5.1 of this standard, with the seat belt 
assembly adjusted in accordance with S7.4.2, is counted as one vehicle.
* * * * *
    S4.2.6.1.1 The amount of trucks, buses, and multipurpose passenger 
vehicles complying with the requirements of S4.1.5.1(a)(1) of this 
standard by means of an inflatable restraint system shall be not less 
than 80 percent of the manufacturer's total combined production of 
subject vehicles manufactured on or after September 1, 1997 and before 
September 1, 1998. Each truck, bus, or multipurpose passenger vehicle 
with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of 
5,500 pounds or less manufactured on or after September 1, 1997 and 
before September 1, 1998, whose driver's seating position complies with 
S4.1.5.1(a)(1) by means of an inflatable restraint system and whose 
right front passenger seating position is equipped with a manual Type 2 
seat belt assembly that complies with S5.1 of this standard, with the 
seat belt assembly adjusted in accordance with S7.4.2 of this standard, 
shall be counted as a vehicle complying with S4.1.5.1(a)(1) by means of 
an inflatable restraint system. A vehicle shall not be deemed to be in 
noncompliance with this standard if its manufacturer establishes that 
it did not have reason to know in the exercise of due care that such 
vehicle is not in conformity with the requirement of this standard.
* * * * *
    S4.4.1 * * *
* * * * *
    Perimeter-seating bus means a bus, which is not an over-the-road 
bus, that has 7 or fewer designated seating positions that are forward-
facing or can convert to forward-facing without the use of tools, and 
are rearward of the driver's designated seating position or rearward of 
the outboard designated seating positions in the front row of seats, if 
there is no driver's designated seating position.
* * * * *
    S4.4.3.2.1 The driver's designated seating position and any 
outboard designated seating position not rearward of the driver's 
seating position shall be equipped with a Type 2 seat belt assembly. 
For a school bus without a driver's designated seating position, the 
outboard designated seating positions in the front row of seats shall 
be equipped with Type 2 seat belt assemblies. The seat belt assembly 
shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and 
S7.2 of this standard. The lap belt portion of the seat belt assembly 
shall include either an emergency locking retractor or an automatic 
locking retractor. An automatic locking retractor shall not retract 
webbing to the next locking position until at least \3/4\ inch of 
webbing has moved into the retractor. In determining whether an 
automatic locking retractor complies with this requirement, the webbing 
is extended to 75 percent of its length and the retractor is locked 
after the initial adjustment. If the seat belt assembly installed in 
compliance with this requirement incorporates any webbing tension-
relieving device, the vehicle owner's manual shall include the 
information specified in S7.4.2(b) of this standard for the tension-
relieving device, and the vehicle shall comply with S7.4.2(c) of this 
standard.
    S4.4.3.2.2 Passenger seating positions, other than those specified 
in S4.4.3.2.1, shall be equipped with Type 2 seat belt assemblies that 
comply with the requirements of S7.1.1.5, S7.1.5 and S7.2 of this 
standard.
* * * * *
    S4.4.4.1.1 First option--complete passenger protection system--
driver only. The vehicle shall meet the crash protection requirements 
of S5, with respect to an anthropomorphic test dummy in the driver's 
designated seating position, by means that require no action by vehicle 
occupants.
    S4.4.4.1.2 Second option--belt system. The vehicle shall, at the 
driver's designated seating position and all designated seating 
positions in the front row of seats, if there is no driver's designated 
seating position, be equipped with either a Type 1 or a Type 2 seat 
belt assembly that conforms to Sec.  571.209 of this part and S7.2 of 
this Standard. A Type 1 belt assembly or the pelvic portion of a dual 
retractor Type 2 belt assembly installed at these seating position 
shall include either an emergency locking retractor or an automatic 
locking retractor. If a seat belt assembly includes an automatic 
locking retractor for the lap belt or the lap belt portion, that seat 
belt assembly shall comply with the following:
* * * * *
    S4.4.4.2 Each school bus with a GVWR of more than 4,536 kg (10,000 
lb) but not greater than 11,793 kg (26,000 lb) shall be equipped with a 
Type 2 seat belt assembly at the driver's designated seating position 
and all designated seating positions in the front row of seats, if 
there is no driver's designated seating position. The seat belt 
assembly shall comply with Standard No. 209 (49 CFR 571.209) and with 
S7.1 and S7.2 of this standard. If a seat belt assembly installed in 
compliance with this requirement includes an automatic locking 
retractor for the lap belt portion, that seat belt assembly shall 
comply with paragraphs (a) through (c) of S4.4.4.1.2 of this standard. 
If a seat belt assembly installed in compliance with this requirement 
incorporates any webbing tension-relieving device, the vehicle owner's 
manual shall include the information specified in S7.4.2(b) of this 
standard for the tension-relieving device, and the vehicle shall comply 
with S7.4.2(c) of this standard.
* * * * *
    S4.4.5.1.1 The driver's designated seating position and any 
outboard designated seating position not rearward of the driver's 
seating position shall be equipped with a Type 2 seat belt assembly. 
The seat belt assembly shall comply with Standard No. 209 (49 CFR 
571.209) and with S7.1 and S7.2 of this standard. For a bus without a 
driver's designated seating position, any outboard designated seating 
positions in the front row of seats, shall be equipped with Type 2 seat 
belt assemblies. If a seat belt assembly installed in compliance with 
this requirement includes an automatic locking retractor for the lap 
belt portion, that seat belt assembly shall comply with paragraphs (a) 
through (c) of S4.4.4.1.2 of this standard. If a seat belt assembly 
installed in compliance with this requirement incorporates any webbing 
tension-relieving device, the vehicle owner's manual shall include the 
information specified in S7.4.2(b) of this standard for the tension-
relieving

[[Page 17648]]

device, and the vehicle shall comply with S7.4.2(c) of this standard.
    S4.4.5.1.2 Passenger seating positions, other than those specified 
in S4.4.5.1.1 and seating positions on prison buses rearward of the 
driver's seating position, shall:
* * * * *
    (e) Comply with the requirements of S7.1.1.5, S7.1.1.6, S7.1.3, and 
S7.2 of this standard.
* * * * *
    S4.4.5.3 Each school bus with a GVWR of more than 11,793 kg (26,000 
lb) shall be equipped with a Type 2 seat belt assembly at the driver's 
designated seating position and all designated seating positions in the 
front row of seats, if there is no driver's designated seating 
position. The seat belt assembly shall comply with Standard No. 209 (49 
CFR 571.209) and with S7.1 and S7.2 of this standard. If a seat belt 
assembly installed in compliance with this requirement includes an 
automatic locking retractor for the lap belt portion, that seat belt 
assembly shall comply with paragraphs (a) through (c) of S4.4.4.1.2 of 
this standard. If a seat belt assembly installed in compliance with 
this requirement incorporates any webbing tension-relieving device, the 
vehicle owner's manual shall include the information specified in 
S7.4.2(b) of this standard for the tension-relieving device, and the 
vehicle shall comply with S7.4.2(c) of this standard.
* * * * *
    S4.5.1 * * *
    (c) * * *
    (3) If a vehicle does not have an inflatable restraint at any front 
seating position other than that for the driver's designated seating 
position, the pictogram may be omitted from the label shown in Figure 
6c.
* * * * *
    (e) * * *
    (1) Except as provided in S4.5.1(e)(2) or S4.5.1(e)(3), each 
vehicle that is equipped with an inflatable restraint for the passenger 
position shall have a label attached to a location on the dashboard or 
the steering control hub that is clearly visible from all front seating 
positions. The label need not be permanently affixed to the vehicle. 
This label shall conform in content to the label shown in Figure 7 of 
this standard, and shall comply with the requirements of 
S4.5.1(e)(1)(i) through S4.5.1(e)(1)(iii).
* * * * *
    (2) Vehicles certified to meet the requirements specified in S19, 
S21, and S23 before December 1, 2003, that are equipped with an 
inflatable restraint for the passenger position shall have a label 
attached to a location on the dashboard or the steering control hub 
that is clearly visible from all front seating positions. The label 
need not be permanently affixed to the vehicle. This label shall 
conform in content to the label shown in either Figure 9 or Figure 12 
of this standard, at manufacturer's option, and shall comply with the 
requirements of S4.5.1(e)(2)(i) through S4.5.1(e)(2)(iv).
* * * * *
    (3) Vehicles certified to meet the requirements specified in S19, 
S21, and S23 on or after December 1, 2003, that are equipped with an 
inflatable restraint for the passenger position shall have a label 
attached to a location on the dashboard or the steering control hub 
that is clearly visible from all front seating positions. The label 
need not be permanently affixed to the vehicle. This label shall 
conform in content to the label shown in Figure 12 of this standard and 
shall comply with the requirements of S4.5.1(e)(3)(i) through 
S4.5.1(e)(3)(iv).
* * * * *
    (f) Information to appear in owner's manual. (1) The owner's manual 
for any vehicle equipped with an inflatable restraint system shall 
include an accurate description of the vehicle's air bag system in an 
easily understandable format. The owner's manual shall include a 
statement to the effect that the vehicle is equipped with an air bag 
and lap/shoulder belt at both front outboard seating positions, and 
that the air bag is a supplemental restraint at those seating 
positions. The information shall emphasize that all occupants should 
always wear their seat belts whether or not an air bag is also provided 
at their seating position to minimize the risk of severe injury or 
death in the event of a crash. The owner's manual shall also provide 
any necessary precautions regarding the proper positioning of 
occupants, including children, at seating positions equipped with air 
bags to ensure maximum safety protection for those occupants. The 
owner's manual shall also explain that no objects should be placed over 
or near the air bag on the instrument panel, because any such objects 
could cause harm if the vehicle is in a crash severe enough to cause 
the air bag to inflate.
* * * * *
    S4.11 * * *
    (d) For driver dummy low risk deployment tests, the injury criteria 
shall be met when calculated based on data recorded for 125 
milliseconds after the initiation of the final stage of air bag 
deployment designed to deploy in any full frontal rigid barrier crash 
up to 26 km/h (16 mph).
* * * * *
    S7.1.1.5 * * *
    (a) Each designated seating position, except the driver's 
designated seating position, and except any right front seating 
position that is equipped with an automatic belt, that is in any motor 
vehicle, except walk-in van-type vehicles and vehicles manufactured to 
be sold exclusively to the U.S. Postal Service, and that is forward-
facing or can be adjusted to be forward-facing, shall have a seat belt 
assembly whose lap belt portion is lockable so that the seat belt 
assembly can be used to tightly secure a child restraint system. The 
means provided to lock the lap belt or lap belt portion of the seat 
belt assembly shall not consist of any device that must be attached by 
the vehicle user to the seat belt webbing, retractor, or any other part 
of the vehicle. Additionally, the means provided to lock the lap belt 
or lap belt portion of the seat belt assembly shall not require any 
inverting, twisting or otherwise deforming of the belt webbing.
* * * * *
    S7.1.1.6 [Redesignated]
* * * * *
    S8.1.4 Adjustable steering controls are adjusted so that the 
steering control hub is at the geometric center of the locus it 
describes when it is moved through its full range of driving positions.
* * * * *
    S8.2.7 * * *
    (c) A vertical plane through the geometric center of the barrier 
impact surface and perpendicular to that surface passes through the 
driver's seating position seating reference point in the tested 
vehicle.
* * * * *
    S10.2.1 The driver dummy's upper arms shall be adjacent to the 
torso with the centerlines as close to a vertical plane as possible.
    S10.2.2 Any front outboard passenger dummy's upper arms shall be in 
contact with the seat back and the sides of the torso.
* * * * *
    S10.3.1 The palms of the driver dummy shall be in contact with the 
outer part of the steering control rim at the rim's horizontal 
centerline. The thumbs shall be over the steering control rim and shall 
be lightly taped to the steering control rim so that if the hand of the 
test dummy is pushed upward by a force of not less than 2 pounds and 
not more than 5 pounds, the tape shall release the hand from the 
steering control rim.
    S10.3.2 The palms of any passenger test dummy shall be in contact 
with the outside of the thigh. The little finger

[[Page 17649]]

shall be in contact with the seat cushion.
* * * * *
    S10.4.1.1 In vehicles equipped with bench seats, the upper torso of 
the driver and front outboard passenger 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 rotation of the steering control. The midsagittal plane 
of any 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, 
if there is a driver's seating position. If there is no driver's 
seating position, the midsagittal plane of any front outboard passenger 
dummy shall be vertical and parallel to the vehicle's longitudinal 
centerline, and pass through the seating reference point of the seat 
that it occupies.
    S10.4.1.2 In vehicles equipped with bucket seats, the upper torso 
of the driver and passenger dummies shall rest against the seat back. 
The midsagittal plane of the driver and any front outboard passenger 
dummy shall be vertical and shall coincide with the longitudinal 
centerline of the bucket seat.
* * * * *
    S10.4.2.1 H-point. The H-points of the driver and any front 
outboard passenger test dummies shall coincide within \1/2\ inch in the 
vertical dimension and \1/2\ inch in the horizontal dimension of a 
point \1/4\ inch below the position of the H-point determined by using 
the equipment and procedures specified in SAE Standard J826-1980 
(incorporated by reference, see Sec.  571.5), except that the length of 
the lower leg and thigh segments of the H-point machine shall be 
adjusted to 16.3 and 15.8 inches, respectively, instead of the 50th 
percentile values specified in Table 1 of SAE Standard J826-1980.
* * * * *
    S10.5 Legs. The upper legs of the driver and any front outboard 
passenger test dummies shall rest against the seat cushion to the 
extent permitted by placement of the feet. The initial distance between 
the outboard knee clevis flange surfaces shall be 10.6 inches. To the 
extent practicable, the left leg of the driver dummy and both legs of 
any front outboard 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 the 
placement of feet in accordance with S10.6 for various passenger 
compartment configurations is permitted.
* * * * *
    S10.6.1 Driver dummy position.
* * * * *
    S10.6.2 Front outboard passenger dummy position.
* * * * *
    S10.7 Test dummy positioning for latchplate access. The reach 
envelopes specified in S7.4.4 of this standard are obtained by 
positioning a test dummy in the driver's or front outboard passenger 
seating position and adjusting that seating position to its forwardmost 
adjustment position. Attach the lines for the inboard and outboard arms 
to the test dummy as described in Figure 3 of this standard. Extend 
each line backward and outboard to generate the compliance arcs of the 
outboard reach envelope of the test dummy's arms.
* * * * *
    S13.3 Vehicle test attitude. When the vehicle is in its ``as 
delivered'' condition, measure the angle between the left side door 
sill and the horizontal. Mark where the angle is taken on the door 
sill. 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. When the vehicle is in its ``fully loaded'' 
condition, measure the angle between the left side door sill and the 
horizontal, at the same place the ``as delivered'' angle was measured. 
The ``fully loaded'' condition is the test vehicle loaded in accordance 
with S8.1.1(a) or (b) of Standard No. 208, as applicable. The load 
placed in the cargo area shall be centered over the longitudinal 
centerline of the vehicle. The pretest door sill angle, when the 
vehicle is on the sled, (measured at the same location as the as 
delivered and fully loaded condition) shall be equal to or between the 
as delivered and fully loaded door sill angle measurements.
* * * * *
    S16.2.9 Steering control adjustment.
    S16.2.9.1 Adjust a tiltable steering control, if possible, so that 
the steering control hub is at the geometric center of its full range 
of driving positions.
    S16.2.9.2 If there is no setting detent at the mid-position, lower 
the steering control to the detent just below the mid-position.
    S16.2.9.3 If the steering column is telescoping, place the steering 
column in the mid-position. If there is no mid-position, move the 
steering control rearward one position from the mid-position.
    S16.2.10 Front outboard passenger seat set-up.
* * * * *
    S16.2.10.3 Seat position adjustment. If the front right outboard 
passenger seat does not adjust independently of the front left outboard 
seat, the front left outboard seat shall control the final position of 
the front right outboard passenger seat.
* * * * *
    S16.3.2.1.4 Bench seats. Position the midsagittal plane of the 
dummy vertical and parallel to the vehicle's longitudinal centerline 
and aligned within 10 mm (0.4 in) of the center 
of the steering control.
* * * * *
    S16.3.2.1.8 If needed, extend the legs slightly so that the feet 
are not in contact with the floor pan. Let the thighs rest on the seat 
cushion to the extent permitted by the foot movement. Keeping the leg 
and the thigh in a vertical plane, place the foot in the vertical 
longitudinal plane that passes through the centerline of the 
accelerator pedal. Rotate the left thigh outboard about the hip until 
the center of the knee is the same distance from the midsagittal plane 
of the dummy as the right knee 5 mm (0.2 in). 
Using only the control that primarily moves the seat fore and aft, 
attempt to return the seat to the full forward position. If either of 
the dummy's legs first contacts the steering control, then adjust the 
steering control, if adjustable, upward until contact with the steering 
control is avoided. If the steering control is not adjustable, separate 
the knees enough to avoid steering control contact. Proceed with moving 
the seat forward until either the leg contacts the vehicle interior or 
the seat reaches the full forward position. (The right foot may contact 
and depress the accelerator and/or change the angle of the foot with 
respect to the leg during seat movement.) If necessary to avoid contact 
with the vehicles brake or clutch pedal, rotate the test dummy's left 
foot about the leg. If there is still interference, rotate the left 
thigh outboard about the hip the minimum distance necessary to avoid 
pedal interference. If a dummy leg contacts the vehicle interior before 
the full forward position is attained, position the seat at the next 
detent where there is no contact. If the seat is a power seat, move the 
seat fore and aft to avoid contact while assuring that there is a 
maximum of 5 mm (0.2 in) distance between the vehicle interior and the 
point on the dummy that would first contact the vehicle interior. If 
the steering control was moved, return it to

[[Page 17650]]

the position described in S16.2.9. If the steering control contacts the 
dummy's leg(s) prior to attaining this position, adjust it to the next 
higher detent, or if infinitely adjustable, until there is 5 mm (0.2 
in) clearance between the control and the dummy's leg(s).
    S16.3.2.1.9 For vehicles without adjustable seat backs, adjust the 
lower neck bracket to level the head as much as possible. For vehicles 
with adjustable seat backs, while holding the thighs in place, rotate 
the seat back forward until the transverse instrumentation platform of 
the head is level to within 0.5 degree, making sure that 
the pelvis does not interfere with the seat bight. Inspect the abdomen 
to ensure that it is properly installed. If the torso contacts the 
steering control, adjust the steering control in the following order 
until there is no contact: Telescoping adjustment, lowering adjustment, 
raising adjustment. If the vehicle has no adjustments, or contact with 
the steering control cannot be eliminated by adjustment, position the 
seat at the next detent where there is no contact with the steering 
control as adjusted in S16.2.9. If the seat is a power seat, position 
the seat to avoid contact while assuring that there is a maximum of 5 
mm (0.2 in) distance between the steering control as adjusted in 
S16.2.9 and the point of contact on the dummy.
* * * * *
    S16.3.2.3.2 Place the palms of the dummy in contact with the outer 
part of the steering control rim at its horizontal centerline with the 
thumbs over the steering control rim.
    S16.3.2.3.3 If it is not possible to position the thumbs inside the 
steering control rim at its horizontal centerline, then position them 
above and as close to the horizontal centerline of the steering control 
rim as possible.
    S16.3.2.3.4 Lightly tape the hands to the steering control rim so 
that if the hand of the test dummy is pushed upward by a force of not 
less than 9 N (2 lb) and not more than 22 N (5 lb), the tape releases 
the hand from the steering control rim.
    S16.3.3 Front outboard passenger dummy positioning.
    S16.3.3.1 Front outboard passenger torso/head/seat back angle 
positioning.
* * * * *
    S16.3.3.1.2 Fully recline the seat back, if adjustable. Install the 
dummy into any front outboard passenger seat, such that when the legs 
are 120 degrees to the thighs, the calves of the legs are not touching 
the seat cushion.
* * * * *
    S16.3.3.1.4 Bench seats. Position the midsagittal plane of the 
dummy vertical and parallel to the vehicle's longitudinal centerline 
and the same distance from the vehicle's longitudinal centerline, 
within 10 mm (0.4 in), as the midsagittal plane 
of the driver dummy, if there is a driver's seating position. 
Otherwise, the midsagittal plane of any front outboard passenger dummy 
shall be vertical, parallel to the vehicle's longitudinal centerline, 
and pass, within 10 mm (0.4 in), through the 
seating reference point of the seat that it occupies.
* * * * *
    S16.3.3.2 Front outboard passenger foot positioning.
* * * * *
    S16.3.3.3 Front outboard passenger arm/hand positioning.
* * * * *
    S16.3.4 Driver and front outboard passenger adjustable head 
restraints.
* * * * *
    S16.3.5 Driver and front outboard passenger manual belt adjustment 
(for tests conducted with a belted dummy).
* * * * *
    S19.2.1 The vehicle shall be equipped with an automatic suppression 
feature for any front outboard passenger air bag which results in 
deactivation of the air bag during each of the static tests specified 
in S20.2 (using the 49 CFR part 572 Subpart R 12-month-old CRABI child 
dummy in any of the child restraints identified in sections B and C of 
appendix A or A-1 of this standard, as appropriate and the 49 CFR part 
572 subpart K Newborn Infant dummy in any of the car beds identified in 
section A of appendix A or A-1, as appropriate), and activation of the 
air bag system during each of the static tests specified in S20.3 
(using the 49 CFR part 572 Subpart O 5th percentile adult female 
dummy).
    S19.2.2 The vehicle shall be equipped with telltales for each front 
outboard passenger seat which emit light whenever the associated front 
outboard passenger air bag system is deactivated and does not emit 
light whenever the associated front outboard passenger air bag system 
is activated, except that the telltale(s) need not illuminate when the 
associated front outboard passenger seat is unoccupied. Each telltale:
* * * * *
    (d) Shall be located within the interior of the vehicle and forward 
of and above the design H-point of both the driver's and any front 
outboard passenger's seat in their forwardmost seating positions and 
shall not be located on or adjacent to a surface that can be used for 
temporary or permanent storage of objects that could obscure the 
telltale from either the driver's or any-front outboard passenger's 
view, or located where the telltale would be obscured from the driver's 
view or the adjacent front outboard passenger's view if a rear-facing 
child restraint listed in appendix A or A-1, as appropriate, is 
installed in any-front outboard passenger's seat.
* * * * *
    (g) Means shall be provided for making telltales visible and 
recognizable to the driver and any front outboard passenger under all 
driving conditions. The means for providing the required visibility may 
be adjustable manually or automatically, except that the telltales may 
not be adjustable under any driving conditions to a level that they 
become invisible or not recognizable to the driver and any front 
outboard passenger.
    (h) The telltale must not emit light except when any passenger air 
bag is turned off or during a bulb check upon vehicle starting.
    S19.2.3 The vehicle shall be equipped with a mechanism that 
indicates whether the air bag system is suppressed, regardless of 
whether any front outboard passenger seat is occupied. The mechanism 
need not be located in the occupant compartment unless it is the 
telltale described in S19.2.2.
    S19.3 Option 2--Low risk deployment. Each vehicle shall meet the 
injury criteria specified in S19.4 of this standard when any front 
outboard passenger air bag is deployed in accordance with the 
procedures specified in S20.4.
* * * * *
    S19.5 Motion suppression for vehicles with manually-operated 
driving controls that do not require a driver. Each vehicle that is 
certified as complying with S14 shall not be capable of motion when a 
12-month-old CRABI dummy is placed at the driver's seating position and 
the vehicle is in an operational state that does not require a driver.
    S19.5.1 Motion suppression shall be assessed under the test 
procedures specified in S20.1 through S20.2, except that the 12-month-
old CRABI dummy is placed in the driver's seating position and the 
result shall be an inability of engage vehicle motion.
* * * * *
    S20.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with any front outboard 
passenger seating position, if adjustable fore and aft, at full 
rearward, middle, and full forward

[[Page 17651]]

positions. If the child restraint or dummy contacts the vehicle 
interior, move the seat rearward to the next detent that provides 
clearance, or if the seat is a power seat, using only the control that 
primarily moves the seat fore and aft, move the seat rearward while 
assuring that there is a maximum of 5 mm (0.2 in) clearance between the 
dummy or child restraint and the vehicle interior.
* * * * *
    S20.2 Static tests of automatic suppression feature which shall 
result in deactivation of any front outboard passenger air bag. Each 
vehicle that is certified as complying with S19.2 shall meet the 
following test requirements.
* * * * *
    S20.2.1.1 The vehicle shall comply in tests using any child 
restraint specified in section B and section C of appendix A or A-1 of 
this standard, as appropriate, installed in any front outboard 
passenger vehicle seat in the following orientations:
* * * * *
    S20.2.1.4 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of any front outboard passenger vehicle seat 
cushion. For bench seats in vehicles with manually-operated driving 
controls, ``Plane B'' refers to a vertical plane through any front 
outboard passenger vehicle seat parallel to the vehicle longitudinal 
centerline the same distance from the longitudinal centerline of the 
vehicle as the center of the steering control. For bench seats in 
vehicles without manually-operated driving controls, ``Plane B'' refers 
to the vertical plane parallel to the vehicle longitudinal centerline, 
through any front outboard passenger seat's SgRP.
* * * * *
    S20.2.2.3 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of any front outboard passenger vehicle seat 
cushion. For bench seats in vehicles with manually-operated driving 
controls, ``Plane B'' refers to a vertical plane through any front 
outboard passenger seat parallel to the vehicle longitudinal centerline 
the same distance from the longitudinal centerline of the vehicle as 
the center of the steering control. For bench seats in vehicles without 
manually-operated driving controls, ``Plane B'' refers to the vertical 
plane parallel to the vehicle longitudinal centerline, through any 
front outboard passenger seat's SgRP.
* * * * *
    S20.3 Static tests of automatic suppression feature which shall 
result in activation of any front outboard passenger air bag system.
    S20.3.1 Each vehicle certified to this option shall comply in tests 
conducted with any front outboard passenger seating position, if 
adjustable fore and aft, at the mid-height, in the full rearward and 
middle positions determined in S20.1.9.4, and the forward position 
determined in S16.3.3.1.8.
    S20.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult 
female test dummy at any front outboard passenger seating position of 
the vehicle, in accordance with procedures specified in S16.3.3 of this 
standard, except as specified in S20.3.1, subject to the fore-aft seat 
positions in S20.3.1. Do not fasten the seat belt.
* * * * *
    S20.4.1 Position any front outboard passenger vehicle seat at the 
mid-height in the full forward position determined in S20.1.9.4, and 
adjust the seat back (if adjustable independent of the seat) to the 
nominal design position for a 50th percentile adult male as specified 
in S8.1.3. Position adjustable lumbar supports so that the lumbar 
support is in its lowest, retracted or deflated adjustment position. 
Position any adjustable parts of the seat that provide additional 
support so that they are in the lowest or most open adjustment 
position. If adjustable, set the head restraint at the full down and 
most forward position. If the child restraint or dummy contacts the 
vehicle interior, do the following: Using only the control that 
primarily moves the seat in the fore and aft direction, move the seat 
rearward to the next detent that provides clearance; or if the seat is 
a power seat, move the seat rearward while assuring that there is a 
maximum of 5 mm (0.2 in) clearance.
* * * * *
    S20.4.4 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of any front outboard passenger seat cushion. 
For bench seats in vehicles with manually-operated driving controls, 
``Plane B'' refers to a vertical plane through any front outboard 
passenger seat parallel to the vehicle longitudinal centerline that is 
the same distance from the longitudinal centerline of the vehicle as 
the center of the steering control. For bench seats in vehicles without 
manually-operated driving controls, ``Plane B'' refers to the vertical 
plane parallel to the vehicle longitudinal centerline, through any 
front outboard passenger seat's SgRP.
* * * * *
    S20.4.9 Deploy any front outboard passenger frontal air bag system. 
If the air bag system contains a multistage inflator, the vehicle shall 
be able to comply at any stage or combination of stages or time delay 
between successive stages that could occur in the presence of an infant 
in a rear facing child restraint and a 49 CFR part 572, subpart R 12-
month-old CRABI dummy positioned according to S20.4, and also with the 
seat at the mid-height, in the middle and full rearward positions 
determined in S20.1.9.4, in a rigid barrier crash test at speeds up to 
64 km/h (40 mph).
* * * * *
    S21.2.1 The vehicle shall be equipped with an automatic suppression 
feature for any front outboard passenger air bag which results in 
deactivation of the air bag during each of the static tests specified 
in S22.2 (using the 49 CFR part 572 subpart P 3-year-old child dummy 
and, as applicable, any child restraint specified in section C and 
section D of appendix A or A-1 of this standard, as appropriate), and 
activation of the air bag system during each of the static tests 
specified in S22.3 (using the 49 CFR part 572 subpart O 5th percentile 
adult female dummy).
* * * * *
    S21.2.3 The vehicle shall be equipped with a mechanism that 
indicates whether the air bag is suppressed, regardless of whether any 
front outboard passenger seat is occupied. The mechanism need not be 
located in the occupant compartment unless it is the telltale described 
in S21.2.2.
    S21.3 Option 2--Dynamic automatic suppression system that 
suppresses the air bag when an occupant is out of position. (This 
option is available under the conditions set forth in S27.1.) The 
vehicle shall be equipped with a dynamic automatic suppression system 
for any front outboard passenger air bag system which meets the 
requirements specified in S27.
    S21.4 Option 3--Low risk deployment. Each vehicle shall meet the 
injury criteria specified in S21.5 of this standard when any front 
outboard passenger air bag is deployed in accordance with both of the 
low risk deployment test procedures specified in S22.4.
* * * * *
    S21.6 Motion suppression for vehicles with manually-operated 
driving controls that do not require a driver.

[[Page 17652]]

Each vehicle that is certified as complying with S14 shall not be 
capable of motion when a 3-year-old dummy is placed at the driver's 
seating position and the vehicle is in an operational state that does 
not require a driver.
    S21.6.1 Motion suppression shall be assessed under the test 
procedures specified in S22.1 through S22.2, except that the 3-year-old 
dummy is placed in the driver's seating position and the result shall 
be an inability of engage vehicle motion.
* * * * *
    S22.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with any front outboard 
passenger seating position at the mid-height, in the full rearward, 
middle, and the full forward positions determined in S22.1.7.4. If the 
dummy contacts the vehicle interior, using only the control that 
primarily moves the seat fore and aft, move the seat rearward to the 
next detent that provides clearance. If the seat is a power seat, move 
the seat rearward while assuring that there is a maximum of 5 mm (0.2 
in) clearance.
    S22.1.3 Except as otherwise specified, if the child restraint has 
an anchorage system as specified in S5.9 of FMVSS No. 213 and is tested 
in a vehicle with any front outboard passenger vehicle seat that has an 
anchorage system as specified in FMVSS No. 225, the vehicle shall 
comply with the belted test conditions with the restraint anchorage 
system attached to the vehicle seat anchorage system and the vehicle 
seat belt unattached. It shall also comply with the belted test 
conditions with the restraint anchorage system unattached to the 
vehicle seat anchorage system and the vehicle seat belt attached.
* * * * *
    S22.2 Static tests of automatic suppression feature which shall 
result in deactivation of any front outboard passenger air bag. Each 
vehicle that is certified as complying with S21.2 shall meet the 
following test requirements:
* * * * *
    S22.2.1.1 Install the restraint in any front outboard passenger 
vehicle seat in accordance, to the extent possible, with the child 
restraint manufacturer's instructions provided with the seat for use by 
children with the same height and weight as the 3-year-old child dummy.
* * * * *
    S22.2.1.3 For bucket seats, ``Plane B'' refers to a vertical 
longitudinal plane through the longitudinal centerline of the seat 
cushion of any front outboard passenger vehicle seat. For bench seats 
in vehicles with manually-operated driving controls, ``Plane B'' refers 
to a vertical plane through any front outboard passenger vehicle seat 
parallel to the vehicle longitudinal centerline the same distance from 
the longitudinal centerline of the vehicle as the center of the 
steering control. For bench seats in vehicles without manually-operated 
driving controls, ``Plane B'' refers to the vertical plane parallel to 
the vehicle longitudinal centerline, through any front outboard 
passenger seat's SgRP.
* * * * *
    S22.2.2 Unbelted tests with dummies. Place the 49 CFR part 572 
subpart P 3-year-old child dummy on any front outboard passenger 
vehicle seat in any of the following positions (without using a child 
restraint or booster seat or the vehicle's seat belts):
    S22.2.2.1 * * *
    (a) Place the dummy on any front outboard passenger seat.
    (b) In the case of vehicles equipped with bench seats and with 
manually-operated driving controls, position the midsagittal plane of 
the dummy vertically and parallel to the vehicle's longitudinal 
centerline and the same distance from the vehicle's longitudinal 
centerline, within 10 mm (0.4 in), as the 
center of the steering control. For bench seats in vehicles without 
manually-operated driving controls, position the midsagittal plane of 
any front outboard dummy vertically and parallel to the vehicle's 
longitudinal centerline, within 10 mm (0.4 in) 
of the seating reference point of the seat that it occupies. In the 
case of vehicles equipped with bucket seats, position the midsagittal 
plane of any front outboard dummy vertically such that it coincides 
with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the torso of the dummy 
against the seat back. Position the dummy's thighs against the seat 
cushion.
* * * * *
    S22.2.2.3 * * *
    (a) Place the dummy on any front outboard passenger seat.
    (b) In the case of vehicles equipped with bench seats and with 
manually-operated driving controls, position the midsagittal plane of 
the dummy vertically and parallel to the vehicle's longitudinal 
centerline and the same distance from the vehicle's longitudinal 
centerline, within 10 mm (0.4 in), as the 
center of the steering control. For bench seats in vehicles without 
manually-operated driving controls, position the midsagittal plane of 
any front outboard dummy vertically and parallel to the vehicle's 
longitudinal centerline, within 10 mm (0.4 in) 
of the seating reference point of the seat that it occupies. In the 
case of vehicles equipped with bucket seats, position the midsagittal 
plane of any front outboard dummy vertically such that it coincides 
with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the dummy with the spine 
vertical so that the horizontal distance from the dummy's back to the 
seat back is no less than 25 mm (1.0 in) and no more than 150 mm (6.0 
in), as measured along the dummy's midsagittal plane at the mid-sternum 
level. To keep the dummy in position, a material with a maximum 
breaking strength of 311 N (70 lb) may be used to hold the dummy.
* * * * *
    S22.2.2.4 * * *
    (a) In the case of vehicles equipped with bench seats and with 
manually-operated driving controls, position the midsagittal plane of 
the dummy vertically and parallel to the vehicle's longitudinal 
centerline and the same distance from the vehicle's longitudinal 
centerline, within 10 mm (0.4 in), as the 
center of the steering control. For bench seats in vehicles without 
manually-operated driving controls, position the midsagittal plane of 
any front outboard dummy vertically and parallel to the vehicle's 
longitudinal centerline, within 10 mm (0.4 in) 
of the seating reference point of the seat that it occupies. In the 
case of vehicles equipped with bucket seats, position the midsagittal 
plane of any front outboard dummy vertically such that it coincides 
with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in).
* * * * *
    S22.2.2.5 * * *
    (a) In the case of vehicles equipped with bench seats and with 
manually-operated driving controls, position the midsagittal plane of 
the dummy vertically and parallel to the vehicle's longitudinal 
centerline and the same distance from the vehicle's longitudinal 
centerline, within 10 mm (0.4 in), as the 
center of the steering control rim. For bench seats in vehicles without 
manually-operated driving controls, position the midsagittal plane of 
any front outboard dummy vertically and parallel to the vehicle's 
longitudinal centerline, within 10 mm (0.4 in) 
of the seating reference point of the seat that it occupies. In the 
case of vehicles equipped with bucket seats, position the midsagittal 
plane of any front outboard dummy vertically such that it coincides 
with the longitudinal centerline of the seat cushion, within 10 mm (0.4 in). Position the dummy in a standing 
position on any front outboard passenger seat cushion facing the front

[[Page 17653]]

of the vehicle while placing the heels of the dummy's feet in contact 
with the seat back.
* * * * *
    S22.2.2.6 * * *
    (a) In the case of vehicles equipped with bench seats and manually-
operated driving controls, position the midsagittal plane of the dummy 
vertically and parallel to the vehicle's longitudinal centerline and 
the same distance from the vehicle's longitudinal centerline, within 
10 mm (0.4 in), as the center of the steering 
control. For bench seats in vehicles without manually-operated driving 
controls, position the midsagittal plane of any front outboard dummy 
vertically and parallel to the vehicle's longitudinal centerline, 
within 10 mm (0.4 in) of the seating reference 
point of the seat that it occupies. In the case of vehicles equipped 
with bucket seats, position the midsagittal plane of any front outboard 
dummy vertically such that it coincides with the longitudinal 
centerline of the seat cushion, within 10 mm (0.4 in).
    (b) Position the dummy in a kneeling position in any front outboard 
passenger vehicle seat with the dummy facing the front of the vehicle 
with its toes at the intersection of the seat back and seat cushion. 
Position the dummy so that the spine is vertical. Push down on the legs 
so that they contact the seat as much as possible and then release. 
Place the arms parallel to the spine.
* * * * *
    S22.2.2.7 * * *
    (a) In the case of vehicles equipped with bench seats and manually-
operated driving controls, position the midsagittal plane of the dummy 
vertically and parallel to the vehicle's longitudinal centerline and 
the same distance from the vehicle's longitudinal centerline, within 
10 mm (0.4 in), as the center of the steering 
control. For bench seats in vehicles without manually-operated driving 
controls, position the midsagittal plane of any front outboard dummy 
vertically and parallel to the vehicle's longitudinal centerline, 
within 10 mm (0.4 in) of the seating reference 
point of the seat that it occupies. In the case of vehicles equipped 
with bucket seats, position the midsagittal plane of any front outboard 
dummy vertically such that it coincides with the longitudinal 
centerline of the seat cushion, within 10 mm (0.4 in).
    (b) Position the dummy in a kneeling position in any front outboard 
passenger vehicle seat with the dummy facing the rear of the vehicle. 
Position the dummy such that the dummy's head and torso are in contact 
with the seat back. Push down on the legs so that they contact the seat 
as much as possible and then release. Place the arms parallel to the 
spine.
* * * * *
    S22.2.2.8 * * *
    (a) Lay the dummy on any front outboard passenger vehicle seat such 
that the following criteria are met:
* * * * *
    (6) The head of the dummy is positioned towards the nearest 
passenger door, and
* * * * *
    S22.3 Static tests of automatic suppression feature which shall 
result in activation of any front outboard passenger air bag system.
    S22.3.1 Each vehicle certified to this option shall comply in tests 
conducted with any front outboard passenger seating position at the 
mid-height, in the full rearward, and middle positions determined in 
S22.1.7.4, and the forward position determined in S16.3.3.1.8.
    S22.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult 
female test dummy at any front outboard passenger seating position of 
the vehicle, in accordance with procedures specified in S16.3.3 of this 
standard, except as specified in S22.3.1. Do not fasten the seat belt.
* * * * *
    S22.4.2.2 Place the dummy in any front outboard passenger seat such 
that:
* * * * *
    S22.4.3.1 Place any front outboard passenger seat at the mid-
height, in full rearward seating position determined in S22.1.7.4. 
Place the seat back, if adjustable independent of the seat, at the 
manufacturer's nominal design seat back angle for a 50th percentile 
adult male as specified in S8.1.3. Position any adjustable parts of the 
seat that provide additional support so that they are in the lowest or 
most open adjustment position. If adjustable, set the head restraint in 
the lowest and most forward position.
    S22.4.3.2 Place the dummy in any front outboard passenger seat such 
that:
* * * * *
    S22.4.4 Deploy any front outboard passenger frontal air bag system. 
If the frontal air bag system contains a multistage inflator, the 
vehicle shall be able to comply with the injury criteria at any stage 
or combination of stages or time delay between successive stages that 
could occur in a rigid barrier crash test at or below 26 km/h (16 mph), 
under the test procedure specified in S22.5.
* * * * *
    S22.5.1 The test described in S22.5.2 shall be conducted with an 
unbelted 50th percentile adult male test dummy in the driver's seating 
position according to S8 as it applies to that seating position and an 
unbelted 5th percentile adult female test dummy either in any front 
outboard passenger vehicle seating position according to S16 as it 
applies to that seating position or at any fore-aft seat position on 
any passenger side.
* * * * *
    S23.2.1 The vehicle shall be equipped with an automatic suppression 
feature for any front outboard passenger frontal air bag system which 
results in deactivation of the air bag during each of the static tests 
specified in S24.2 (using the 49 CFR part 572 subpart N 6-year-old 
child dummy in any of the child restraints specified in section D of 
appendix A or A-1 of this standard, as appropriate), and activation of 
the air bag system during each of the static tests specified in S24.3 
(using the 49 CFR part 572 subpart O 5th percentile adult female 
dummy).
* * * * *
    S23.2.3 The vehicle shall be equipped with a mechanism that 
indicates whether the air bag is suppressed, regardless of whether any 
front outboard passenger seat is occupied. The mechanism need not be 
located in the occupant compartment unless it is the telltale described 
in S23.2.2.
    S23.3 Option 2--Dynamic automatic suppression system that 
suppresses the air bag when an occupant is out of position. (This 
option is available under the conditions set forth in S27.1.) The 
vehicle shall be equipped with a dynamic automatic suppression system 
for any front outboard passenger frontal air bag system which meets the 
requirements specified in S27.
    S23.4 Option 3--Low risk deployment. Each vehicle shall meet the 
injury criteria specified in S23.5 of this standard when any front 
outboard passenger air bag is statically deployed in accordance with 
both of the low risk deployment test procedures specified in S24.4.
* * * * *
    S23.6 Motion suppression for vehicles with manually-operated 
driving controls that do not require a driver. Each vehicle that is 
certified as complying with S14 shall not be capable of motion when a 
6-year-old dummy is placed at the driver's seating position and the 
vehicle is in an operational state that does not require a driver.
    S23.6.1 Motion suppression shall be assessed under the test 
procedures specified in S24.1 through S24.3, except

[[Page 17654]]

that the 6-year-old dummy is placed in the driver's seating position 
and the result shall be an inability of engage vehicle motion.
* * * * *
    S24.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with any front outboard 
passenger seating position at the mid-height, in the full rearward seat 
track position, the middle seat track position, and the full forward 
seat track position as determined in this section. Using only the 
control that primarily moves the seat in the fore and aft direction, 
determine the full rearward, middle, and full forward positions of the 
SCRP. Using any seat or seat cushion adjustments other than that which 
primarily moves the seat fore-aft, determine the SCRP mid-point height 
for each of the three fore-aft test positions, while maintaining as 
closely as possible, the seat cushion angle determined in S16.2.10.3.1. 
Set the seat back angle, if adjustable independent of the seat, at the 
manufacturer's nominal design seat back angle for a 50th percentile 
adult male as specified in S8.1.3. If the dummy contacts the vehicle 
interior, move the seat rearward to the next detent that provides 
clearance. If the seat is a power seat, move the seat rearward while 
assuring that there is a maximum of 5 mm (0.2 in) distance between the 
vehicle interior and the point on the dummy that would first contact 
the vehicle interior.
    S24.1.3 Except as otherwise specified, if the booster seat has an 
anchorage system as specified in S5.9 of FMVSS No. 213 and is used 
under this standard in testing a vehicle with any front outboard 
passenger vehicle seat that has an anchorage system as specified in 
FMVSS No. 225, the vehicle shall comply with the belted test conditions 
with the restraint anchorage system attached to the FMVSS No. 225 
vehicle seat anchorage system and the vehicle seat belt unattached. It 
shall also comply with the belted test conditions with the restraint 
anchorage system unattached to the FMVSS No. 225 vehicle seat anchorage 
system and the vehicle seat belt attached. The vehicle shall comply 
with the unbelted test conditions with the restraint anchorage system 
unattached to the FMVSS No. 225 vehicle seat anchorage system.
* * * * *
    S24.2 Static tests of automatic suppression feature which shall 
result in deactivation of any passenger air bag. Each vehicle that is 
certified as complying with S23.2 of FMVSS No. 208 shall meet the 
following test requirements with the child restraint in any front 
outboard passenger vehicle seat under the following conditions:
* * * * *
    S24.2.3 Sitting back in the seat and leaning on any front outboard 
passenger door.
    (a) Place the dummy in the seated position in any front outboard 
passenger vehicle seat. For bucket seats, position the midsagittal 
plane of the dummy vertically such that it coincides with the 
longitudinal centerline of the seat cushion, within 10 mm 
(0.4 in). For bench seats in vehicles with manually-
operated driving controls, position the midsagittal plane of the dummy 
vertically and parallel to the vehicle's longitudinal centerline and 
the same distance from the longitudinal centerline of the vehicle, 
within 10 mm (0.4 in), as the center of 
rotation of the steering control. For bench seats in vehicles without 
manually-operated driving controls, position the midsagittal plane of 
any front outboard dummy vertically and parallel to the vehicle's 
longitudinal centerline, within 10 mm (0.4 in) 
of the seating reference point of the seat that it occupies.
* * * * *
    S24.3 Static tests of automatic suppression feature which shall 
result in activation of any front outboard passenger air bag system.
    S24.3.1 Each vehicle certified to this option shall comply in tests 
conducted with any front outboard passenger seating position at the 
mid-height, in the full rearward and middle positions determined in 
S24.1.2, and the forward position determined in S16.3.3.1.8.
    S24.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult 
female test dummy at any front outboard passenger seating position of 
the vehicle, in accordance with procedures specified in S16.3.3 of this 
standard, except as specified in S24.3.1. Do not fasten the seat belt.
* * * * *
    S24.4.2.3 Place the dummy in any front outboard passenger seat such 
that:
* * * * *
    S24.4.3.1 Place any front outboard passenger seat at the mid-height 
full rearward seating position determined in S24.1.2. Place the seat 
back, if adjustable independent of the seat, at the manufacturer's 
nominal design seat back angle for a 50th percentile adult male as 
specified in S8.1.3. Position any adjustable parts of the seat that 
provide additional support so that they are in the lowest or most open 
adjustment position. Position an adjustable head restraint in the 
lowest and most forward position.
    S24.4.3.2 Place the dummy in any front outboard passenger seat such 
that:
* * * * *
    S24.4.4 Deploy any front outboard passenger frontal air bag system. 
If the frontal air bag system contains a multistage inflator, the 
vehicle shall be able to comply with the injury criteria at any stage 
or combination of stages or time delay between successive stages that 
could occur in a rigid barrier crash test at or below 26 km/h (16 mph), 
under the test procedure specified in S22.5.
* * * * *
    S26.2.1 Adjust the steering controls so that the steering control 
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. Set the rotation of the steering control so that the 
vehicle wheels are pointed straight ahead.
    S26.2.2 Mark a point on the steering control cover that is 
longitudinally and transversely, as measured along the surface of the 
steering control cover, within 6 mm (0.2 in) of 
the point that is defined by the intersection of the steering control 
cover and a line between the volumetric center of the smallest volume 
that can encompass the folded undeployed air bag and the volumetric 
center of the static fully inflated air bag. Locate the vertical plane 
parallel to the vehicle longitudinal centerline through the point 
located on the steering control cover. This is referred to as ``Plane 
E.''
* * * * *
    S26.2.4.3 The dummy's thorax instrument cavity rear face is 6 
degrees forward (toward the front of the vehicle) of the steering 
control angle (i.e., if the steering control angle is 25 degrees from 
vertical, the thorax instrument cavity rear face angle is 31 degrees).
    S26.2.4.4 The initial transverse distance between the longitudinal 
centerlines at the front of the dummy's knees is 160 to 170 mm (6.3 to 
6.7 in), with the thighs and legs of the dummy in vertical planes.
* * * * *
    S26.2.5 Maintaining the spine angle, slide the dummy forward until 
the head/torso contacts the steering control.
* * * * *
    S26.3.2 Adjust the steering controls so that the steering control 
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. Set the rotation of the

[[Page 17655]]

steering control so that the vehicle wheels are pointed straight ahead.
    S26.3.3 Mark a point on the steering control cover that is 
longitudinally and transversely, as measured along the surface of the 
steering control cover, within 6 mm (0.2 in) of 
the point that is defined by the intersection of the steering control 
cover and a line between the volumetric center of the smallest volume 
that can encompass the folded undeployed air bag and the volumetric 
center of the static fully inflated air bag. Locate the vertical plane 
parallel to the vehicle longitudinal centerline through the point 
located on the steering control cover. This is referred to as ``Plane 
E.''
* * * * *
    S26.3.4.3 The dummy's thorax instrument cavity rear face is 6 
degrees forward (toward the front of the vehicle) of the steering 
control angle (i.e., if the steering control angle is 25 degrees from 
vertical, the thorax instrument cavity rear face angle is 31 degrees).
* * * * *
    S26.3.5 Maintaining the spine angle, slide the dummy forward until 
the head/torso contacts the steering control.
    S26.3.6 While maintaining the spine angle, position the dummy so 
that a point on the chin 40 mm (1.6 in) 3 mm (0.1 in) below the center of the mouth (chin point) is, within 
10 mm (0.4 in), in contact with a point on the 
steering control rim surface closest to the dummy that is 10 mm (0.4 
in) vertically below the highest point on the rim in Plane E. If the 
dummy's head contacts the vehicle windshield or upper interior before 
the prescribed position can be obtained, lower the dummy until there is 
no more than 5 mm (0.2 in) clearance between the vehicle's windshield 
or upper interior, as applicable.
    S26.3.7 If the steering control can be adjusted so that the chin 
point can be in contact with the rim of the uppermost portion of the 
steering control, adjust the steering control to that position. If the 
steering control contacts the dummy's leg(s) prior to attaining this 
position, adjust it to the next highest detent, or if infinitely 
adjustable, until there is a maximum of 5 mm (0.2 in) clearance between 
the control and the dummy's leg(s). Readjust the dummy's torso such 
that the thorax instrument cavity rear face is 6 degrees forward of the 
steering control angle. Position the dummy so that the chin point is in 
contact, or if contact is not achieved, as close as possible to contact 
with the rim of the uppermost portion of the steering control.
* * * * *
    S27.5.2 Front outboard passenger (49 CFR part 572 subpart P 3-year-
old child dummy and 49 CFR part 572 subpart N 6-year-old child dummy). 
Each vehicle shall meet the injury criteria specified in S21.5 and 
S23.5, as appropriate, when any front outboard passenger air bag is 
deployed in accordance with the procedures specified in S28.2.
* * * * *
    S27.6.2 Front outboard passenger. The DASS shall suppress any front 
outboard passenger air bag before head, neck, or torso of the specified 
test device enters the ASZ when the vehicle is tested under the 
procedures specified in S28.4.
* * * * *
    S28.2 Front outboard passenger suppression zone verification test 
(49 CFR part 572 subpart P 3-year-old child dummy and 49 CFR part 572 
subpart N 6-year-old child dummies). [Reserved]
* * * * *
    S28.4 Front outboard passenger dynamic test procedure for DASS 
requirements. [Reserved]
* * * * *
0
10. Amend Sec.  571.214 by revising paragraphs S2, S5(c)(4), S8.3.1.3, 
S8.4, S10.2, S10.3.1, S10.3.2, S10.3.2.3, S10.5, S12.1.1 heading and 
paragraph (a)(1), paragraphs S12.1.2(a)(1), S12.1.3(a)(1), S12.2.1(c), 
S12.3.1(d), S12.3.2(a)(4) and (8), (a)(9)(ii) and (a)(10), and 
S12.3.3(a)(2) and (4) to read as follows:


Sec.  571.214  Standard No. 214; Side impact protection.

* * * * *
    S2 Applicability. This standard applies to passenger cars, and to 
multipurpose passenger vehicles, trucks with at least one designated 
seating position and buses with a gross vehicle weight rating (GVWR) of 
4,536 kilograms (kg) (10,000 pounds (lb)) or less, except for walk-in 
vans, or otherwise specified.
* * * * *
    S5 * * *
    (c) * * *
    (4) Vehicles in which the seat for the driver or any front outboard 
passenger has been removed and wheelchair restraints installed in place 
of the seat are excluded from meeting the vehicle-to-pole test at that 
position; and
* * * * *
    S8.3.1.3 Seat position adjustment. If the driver and any front 
outboard passenger seats do not adjust independently of each other, the 
struck side seat shall control the final position of the non-struck 
side seat. If the driver and any front outboard passenger seats adjust 
independently of each other, adjust both the struck and non-struck side 
seats in the manner specified in S8.3.1.
* * * * *
    S8.4 Adjustable steering controls. Adjustable steering controls are 
adjusted so that the steering control 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 detent in the mid-position, 
lower the steering control to the detent just below the mid-position. 
If the steering column is telescoping, place the steering column in the 
mid-position. If there is no mid-position, move the steering control 
rearward one position from the mid-position.
* * * * *
    S10.2 Vehicle test attitude. When the vehicle is in its ``as 
delivered,'' ``fully loaded'' and ``as tested'' condition, locate the 
vehicle on a flat, horizontal surface to determine the vehicle 
attitude. Use the same level surface or reference plane and the same 
standard points on the test vehicle when determining the ``as 
delivered,'' ``fully loaded'' and ``as tested'' conditions. Measure the 
angles relative to a horizontal plane, front-to-rear and from left-to-
right for the ``as delivered,'' ``fully loaded,'' and ``as tested'' 
conditions. The front-to-rear angle (pitch) is measured along a fixed 
reference on the left and right front occupant's door sills. Mark where 
the angles are taken on the door sills. The left to right angle (roll) 
is measured along a fixed reference point at the front and rear of the 
vehicle at the vehicle longitudinal center plane. Mark where the angles 
are measured. 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 listed on the 
vehicle's tire placard. When the vehicle is in its ``fully loaded'' 
condition, measure the angle between the left front occupant's door 
sill and the horizontal, at the same place the ``as delivered'' angle 
was measured. The ``fully loaded condition'' is the test vehicle loaded 
in accordance with S8.1 of this standard (49 CFR 571.214). The load 
placed in the cargo area is centered over the longitudinal centerline 
of the vehicle. The vehicle ``as tested'' pitch and roll angles are 
between the ``as delivered'' and ``fully loaded'' condition, inclusive.
* * * * *
    S10.3.1 Driver and front outboard passenger seat set-up for 50th 
percentile male dummy. The driver and front outboard passenger seats 
are set up as

[[Page 17656]]

specified in S8.3.1 of this standard, 49 CFR 571.214.
    S10.3.2. Driver and front outboard passenger seat set-up for 49 CFR 
part 572 Subpart V 5th percentile female dummy.
* * * * *
    S10.3.2.3 Seat position adjustment. If the driver and any front 
outboard passenger seats do not adjust independently of each other, the 
struck side seat shall control the final position of the non-struck 
side seat. If the driver and any front outboard passenger seats adjust 
independently of each other, adjust both the struck and non-struck side 
seats in the manner specified in S10.3.2.
* * * * *
    S10.5 Adjustable steering controls. Adjustable steering controls 
are adjusted so that the steering control 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 detent in the mid-
position, lower the steering control to the detent just below the mid-
position. If the steering column is telescoping, place the steering 
column in the mid-position. If there is no mid-position, move the 
steering control rearward one position from the mid-position.
* * * * *
    S12.1.1 Positioning a Part 572 Subpart F (SID) dummy in the 
driver's seating position.
    (a) * * *
    (1) For a bench seat. The upper torso of the test dummy rests 
against the seat back. The midsagittal plane of the test dummy is 
vertical and parallel to the vehicle's longitudinal centerline, and 
passes through the center of the steering control.
* * * * *
    S12.1.2 Positioning a Part 572 Subpart F (SID) dummy in any front 
outboard passenger seating position.
    (a) * * *
    (1) For a bench seat. The upper torso of the test dummy rests 
against the seat back. The midsagittal plane of the test dummy is 
vertical and parallel to the vehicle's longitudinal centerline. For 
vehicles with manually-operated driving controls the midsagittal plane 
of the test dummy is the same distance from the vehicle's longitudinal 
centerline as would be the midsagittal plane of a test dummy positioned 
in the driver's seating position under S12.1.1(a)(1). For vehicles 
without manually-operated driving controls the midsagittal plane of the 
test dummy shall be vertical and parallel to the vehicle's longitudinal 
centerline, and passes through any front outboard passenger seat's 
SgRP.
* * * * *
    S12.1.3 * * *
    (a) * * *
    (1) For a bench seat. The upper torso of the test dummy rests 
against the seat back. The midsagittal plane of the test dummy is 
vertical and parallel to the vehicle's longitudinal centerline, and, if 
possible, the same distance from the vehicle's longitudinal centerline 
as the midsagittal plane of a test dummy positioned in the driver's 
seating position under S12.1.1(a)(1) or left front passenger seating 
positioned under S12.1.2(a)(1) in vehicles without manually-operated 
driving controls. If it is not possible to position the test dummy so 
that its midsagittal plane is parallel to the vehicle longitudinal 
centerline and is at this distance from the vehicle's longitudinal 
centerline, the test dummy is positioned so that some portion of the 
test dummy just touches, at or above the seat level, the side surface 
of the vehicle, such as the upper quarter panel, an armrest, or any 
interior trim (i.e., either the broad trim panel surface or a smaller, 
localized trim feature).
* * * * *
    S12.2.1 * * *
    (c) Arms. For the driver's seating position and for any front 
outboard passenger seating position, place the dummy's upper arms such 
that the angle between the projection of the arm centerline on the mid-
sagittal plane of the dummy and the torso reference line is 40[deg] 
5[deg]. The torso reference line is defined as the thoracic 
spine centerline. The shoulder-arm joint allows for discrete arm 
positions at 0, 40, and 90 degree settings forward of the spine.
* * * * *
    S12.3.1 * * *
    (d) Driver and any front outboard passenger dummy manual belt 
adjustment. Use all available belt systems. Place adjustable belt 
anchorages at the nominal position for a 5th percentile adult female 
suggested by the vehicle manufacturer.
* * * * *
    S12.3.2 * * *
    (a) * * *
    (4) Bench seats. Position the midsagittal plane of the dummy 
vertical and parallel to the vehicle's longitudinal centerline and 
aligned within 10 mm (0.4 in) of the center of 
the steering control rim.
* * * * *
    (8) If needed, extend the legs slightly so that the feet are not in 
contact with the floor pan. Let the thighs rest on the seat cushion to 
the extent permitted by the foot movement. Keeping the leg and the 
thigh in a vertical plane, place the foot in the vertical longitudinal 
plane that passes through the centerline of the accelerator pedal. 
Rotate the left thigh outboard about the hip until the center of the 
knee is the same distance from the midsagittal plane of the dummy as 
the right knee 5 mm (0.2 in). Using only the 
control that moves the seat fore and aft, attempt to return the seat to 
the full forward position. If either of the dummy's legs first contacts 
the steering control, then adjust the steering control, if adjustable, 
upward until contact with the steering control is avoided. If the 
steering control is not adjustable, separate the knees enough to avoid 
steering control contact. Proceed with moving the seat forward until 
either the leg contacts the vehicle interior or the seat reaches the 
full forward position. (The right foot may contact and depress the 
accelerator and/or change the angle of the foot with respect to the leg 
during seat movement.) If necessary to avoid contact with the vehicle's 
brake or clutch pedal, rotate the test dummy's left foot about the leg. 
If there is still interference, rotate the left thigh outboard about 
the hip the minimum distance necessary to avoid pedal interference. If 
a dummy leg contacts the vehicle interior before the full forward 
position is attained, position the seat at the next detent where there 
is no contact. If the seat is a power seat, move the seat fore and aft 
to avoid contact while assuring that there is a maximum of 5 mm (0.2 
in) distance between the vehicle interior and the point on the dummy 
that would first contact the vehicle interior. If the steering control 
was moved, return it to the position described in S10.5. If the 
steering control contacts the dummy's leg(s) prior to attaining this 
position, adjust it to the next higher detent, or if infinitely 
adjustable, until there is 5 mm (0.2 in) clearance between the control 
and the dummy's leg(s).
    (9) * * *
    (ii) Vehicles with adjustable seat backs. While holding the thighs 
in place, rotate the seat back forward until the transverse 
instrumentation platform angle of the head is level to within 0.5 degrees, making sure that the pelvis does not interfere with 
the seat bight. (If the torso contacts the steering control, use 
S12.3.2(a)(10) before proceeding with the remaining portion of this 
paragraph.) If it is not possible to level the transverse 
instrumentation platform to within 0.5 degrees, select the 
seat back adjustment position that minimizes the difference between the 
transverse instrumentation platform angle and level, then adjust the 
neck

[[Page 17657]]

bracket to level the transverse instrumentation platform angle to 
within 0.5 degrees if possible. If it is still not possible 
to level the transverse instrumentation platform to within 0.5 degrees, select the neck bracket angle position that 
minimizes the difference between the transverse instrumentation 
platform angle and level.
    (10) If the torso contacts the steering control, adjust the 
steering control in the following order until there is no contact: 
Telescoping adjustment, lowering adjustment, raising adjustment. If the 
vehicle has no adjustments or contact with the steering control cannot 
be eliminated by adjustment, position the seat at the next detent where 
there is no contact with the steering control as adjusted in S10.5. If 
the seat is a power seat, position the seat to avoid contact while 
assuring that there is a maximum of 5 mm (0.2 in) distance between the 
steering control as adjusted in S10.5 and the point of contact on the 
dummy.
* * * * *
    S12.3.3 * * *
    (a) * * *
    (2) Fully recline the seat back, if adjustable. Place the dummy 
into any passenger seat, such that when the legs are positioned 120 
degrees to the thighs, the calves of the legs are not touching the seat 
cushion.
* * * * *
    (4) Bench seats. Position the midsagittal plane of the dummy 
vertical and parallel to the vehicle's longitudinal centerline and the 
same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the 
driver dummy, if there is a driver's seating position. Otherwise, the 
midsagittal plane of any front outboard passenger dummy shall be 
vertical, parallel to the vehicle's longitudinal centerline, and pass, 
within 10 mm (0.4 in), through the seating 
reference point of the seating that it occupies.
* * * * *
    11. Amend Sec.  571.216a by revising paragraphs S3.1(a) 
introductory text and S7.1 to read as follows:


Sec.  571.216a  Standard No. 216a; Roof crush resistance; Upgraded 
standard.

* * * * *
    S3.1 * * *
    (a) This standard applies to passenger cars, and to multipurpose 
passenger vehicles, trucks with at least one designated seating 
position, and buses with a GVWR of 4,536 kilograms (10,000 pounds) or 
less, according to the implementation schedule specified in S8 and S9 
of this section. However, it does not apply to--
* * * * *
    S7.1 Support the vehicle off its suspension and rigidly secure the 
sills and the chassis frame (when applicable) of the vehicle on a rigid 
horizontal surface(s) at a longitudinal attitude of 0 degrees 0.5 degrees. Measure the longitudinal vehicle attitude along both 
the left and right front sill. Determine the lateral vehicle attitude 
by measuring the vertical distance between a level surface and a 
standard reference point on the bottom of the left and right front side 
sills. The difference between the vertical distance measured on the 
left front side and the right front side sills is not more than 10 mm. Close all windows, close and lock all doors, and close and 
secure any moveable roof panel, moveable shade, or removable roof 
structure in place over the occupant compartment. Remove roof racks or 
other non-structural components. For a vehicle built on a chassis-cab 
incomplete vehicle that has some portion of the added body structure 
above the height of the incomplete vehicle, remove the entire added 
body structure prior to testing (the vehicle's unloaded vehicle weight 
as specified in S5 includes the weight of the added body structure).
* * * * *
0
12. Amend Sec.  571.225 by revising the definition of ``Shuttle bus'' 
in paragraph S3 to read as follows:


Sec.  571.225  Standard No. 225; Child restraint anchorage systems.

* * * * *
    S3. * * *
    Shuttle bus means a bus with only one row of forward-facing seating 
positions rearward of the driver's seat or, for a vehicle without 
manually-operated controls, means a bus with only one row of forward-
facing seating positions rearward of all front row passenger seats.
* * * * *
0
13. Amend Sec.  571.226 by:
0
a. Revising paragraph S2;
0
b. Removing from paragraph S3 the definition of ``Row''; and
0
c. Revising the definition of ``Modified roof'' in paragraph S3, and 
paragraphs S4.2.2, S6.1(d) and S6.1(f).
    The revisions read as follows:


Sec.  571.226  Standard No. 226; Ejection Mitigation.

* * * * *
    S2. Application. This standard applies to passenger cars, and to 
multipurpose passenger vehicles, trucks with at least one designated 
seating position, and buses with a gross vehicle weight rating of 4,536 
kg or less, except walk-in vans, modified roof vehicles and 
convertibles. Also excluded from this standard are law enforcement 
vehicles, correctional institution vehicles, taxis and limousines, if 
they have a fixed security partition separating the 1st and 2nd or 2nd 
and 3rd rows and if they are produced by more than one manufacturer or 
are altered (within the meaning of 49 CFR 567.7).
    S3. * * *
* * * * *
    Modified roof means the replacement roof on a motor vehicle whose 
original roof has been removed, in part or in total, or a roof that has 
to be built over the occupant compartment in vehicles that did not have 
an original roof over the occupant compartment.
* * * * *
    S4.2.2 Vehicles that have an ejection mitigation countermeasure 
that deploys in the event of a rollover must have a monitoring system 
with a readiness indicator. The indicator shall monitor its own 
readiness and must be clearly visible from the driver's designated 
seating position and clearly visible from any designated seating 
position if no driver's seating position is occupied or present. The 
same readiness indicator required by S4.5.2 of FMVSS No. 208 may be 
used to meet the requirement. A list of the elements of the system 
being monitored by the indicator shall be included with the information 
furnished in accordance with S4.2.3.
* * * * *
    S6.1 * * *
    (d) Pitch: Measure the sill angle of the left front door sill and 
mark where the angle is measured.
* * * * *
    (f) Support the vehicle off its suspension such that the left front 
door sill angle is within 1 degree of that measured at the 
marked area in S6.1(d) and the vertical height difference of the two 
points marked in S6.1(e) is within 5 mm of the vertical 
height difference determined in S6.1(e).
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.4.
James Clayton Owens,
Acting Administrator.
[FR Doc. 2020-05886 Filed 3-27-20; 8:45 am]
 BILLING CODE 4910-59-P


