Occupant Protection for Automated Driving Systems

Published date30 March 2020
Citation85 FR 17624
Record Number2020-05886
SectionProposed rules
CourtNational Highway Traffic Safety Administration
Federal Register, Volume 85 Issue 61 (Monday, March 30, 2020)
[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 IIDepartment of Transportation-----------------------------------------------------------------------National Highway Traffic Safety Administration-----------------------------------------------------------------------49 CFR Part 571Occupant Protection for Automated Driving Systems; Proposed Rule
                Federal Register / Vol. 85 , No. 61 / Monday, March 30, 2020 /
                Proposed Rules
                [[Page 17624]]
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                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 113771
                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\
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                 \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.
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                 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.
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                 \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.
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                 \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.
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                 \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.
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                 \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.
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                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\
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                 \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\
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                 \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.
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                [[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
                

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