[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Rules and Regulations]
[Pages 50995-51004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25609]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[DOT Docket No. NHTSA-98-4463]
RIN: 2127-AG55


Federal Motor Vehicle Safety Standards; Metric Conversion

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule, technical amendments; response to petition for 
reconsideration.

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

SUMMARY: On May 27, 1998, NHTSA published a final rule amending 
selected Federal Motor Vehicle Safety Standards (FMVSSs) by converting 
English measurements specified in those standards to metric 
measurements. In this document, NHTSA corrects typographical and other 
errors in the May 1998 final rule. This document also responds to a 
petition for reconsideration filed by Toyota, and public comments by 
the Truck Manufacturers Association and Ford to correct typographical 
errors in the final rule. The corrections of errors in this final rule 
are not intended to make any changes in the stringency of the affected 
FMVSSs.

DATES: This final rule is effective May 27, 1999. Optional early 
compliance with the changes made in this final rule is permitted 
beginning September 24, 1998.

ADDRESSES: Petitions for reconsideration of this final rule should 
refer to the docket and notice number cited in the heading of this 
final rule and be submitted to: Administrator, National Highway Traffic 
Safety Administration, 400 Seventh St., SW, Washington, DC 20590. It is 
requested, but not required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Nakama, Office of the 
Chief Counsel, National Highway Traffic Safety Administration, 400 
Seventh Street, SW, Rm. 5219, Washington, DC 20590. Ms. Nakama's e-mail 
address is: [email protected] and her telephone number is: (202) 
366-2992.

SUPPLEMENTARY INFORMATION: On May 27, 1998 (63 FR 28922), NHTSA 
published in the Federal Register a final rule revising selected 
Federal Motor Vehicle Safety Standards by converting English 
measurements specified in those standards to metric measurements. The 
final rule was one of several rulemaking actions that NHTSA is 
undertaking to implement the Federal policy that the metric system of 
measurement is the preferred system of weights and measures for United 
States trade and commerce. The converted figures are not intended to 
make any substantive changes in the stringency of the affected FMVSSs.
    Upon reviewing the Federal Register publication, NHTSA noted 
certain typographical and other errors in the amended regulatory text 
and in Tables or Figures. NHTSA also received a petition for 
reconsideration from Toyota and public comments from the Truck 
Manufacturers Association and Ford noting additional errors in the 
final rule. In this final rule, NHTSA will correct errors in the 
following standards as described below:

NHTSA's Changes to the Final Rule

    Standard No. 101, Controls and displays--NHTSA noted that S5 does 
not reflect the current version of the regulatory text. Also, at the 
bottom of Table 1, footnote 5 should include the word ``filled,'' not 
``filed'' as appeared in the final rule.

[[Page 50996]]

    Standard No. 104, Windshield wiping and washing systems--NHTSA 
noted that in S3, Definitions, ``Glazing surface reference line'' 
refers to a measurement that was originally 25 inches. In converting 25 
inches to the metric system, NHTSA multiplied that figure by 25 mm, 
resulting in 625 mm. NHTSA subsequently determined that because the 
glazing surface reference line centers the windshield wiper path on the 
windshield, a difference of 10 mm could result in a different wiper 
path center, substantively changing the Standard. Therefore, in this 
final rule, NHTSA changes the 625 mm measurement to 635 mm, which is 
obtained by multiplying 25 inches by 25.4 mm, a more exact measurement 
than 25 mm.
    Standard No. 209, Seat belt assemblies--In S4.2(b), NHTSA changes 
the three kilo Newton measurements to Newton measurements to make the 
measurements consistent with the rest of the Standard. In S5.2(e), 
NHTSA corrects a typographical error in the rate at which the webbing 
is to be drawn through the adjusting device to read ``508 mm 
 mm'' per minute.
    Standard No. 123, Motorcycle controls and displays--NHTSA noted 
that in Table 3, column 2, the term ``enricher'' should be 
``enrichener.'' ``Enrichener'' refers to mixture enrichment equipment 
and has been included in previous versions of Table 3. Also, there were 
two typographical errors in footnote 4 at the bottom of Table 3; the 
word ``filed'' should be ``filled'' and the second period at the end of 
the sentence should be removed.

Toyota Petition for Reconsideration

    In a petition dated July 7, 1998, Toyota asked that NHTSA correct 
``several apparent errors and inconsistencies.'' Upon reviewing 
Toyota's petition, NHTSA agrees that each error or inconsistency noted 
by Toyota should be corrected. Therefore, in this final rule, NHTSA 
also amends the following standards to correct errors as noted below:
    Standard No. 101, Controls and displays--Toyota noted that in Table 
1, footnotes 2 and 5 from column 3 referring to the marker lamps were 
omitted, and the reference to ``10,000 lbs'' in the description of 
footnote 4 should have been converted to 4536 kg. In Table 2, the note 
for footnote 8 was omitted.
    Standard No. 203, Impact protection for the driver from the 
steering control system--Toyota noted an inconsistency between S5.1(a) 
that referred to testing at a relative velocity of 24.1 km/h and a 
force that shall not exceed 11,110 N, and S5.1(b) that referred to 
testing at a relative velocity of 24 km/h and a force that shall not 
exceed 11,120 N. Toyota suggested that a velocity of 24.1 km/h and a 
force of 11,120 N be established to make the two provisions consistent.
    Standard No. 209, Seat belt assemblies--Toyota stated its belief 
that a ``force of less than 1,120 N'' in S4.4(a)(1) was in error, and 
should have been ``11,120 N.''
    Standard No. 302, Flammability of interior materials--Toyota noted 
that S5.1.1 states: ``each hole 19 mm in diameter''. However, the 
diagram in Figure 1 has an 18 mm diameter dimension. Toyota stated its 
belief that the 18 mm diameter dimension in Figure 1 is incorrect and 
that NHTSA intended 19 mm.

Truck Manufacturers Association Comments

    In a letter dated August 19, 1998, the Truck Manufacturers 
Association (TMA) noted typographical and other errors in the May 1998 
final rule. NHTSA has reviewed TMA's comments, and will make the 
following changes to the final rule:
    Standard No. 101, Controls and displays--TMA noted several errors 
in Tables 1 and 2. NHTSA concurs with TMA's comments and corrects 
Tables 1 and 2 in this final rule.
    Standard No. 116 Motor vehicle brake fluids--TMA noted that in 
S6.3, the units for kinematic viscosity should be mm\2\/s not mm\2\s.

Ford Public Comments

    In a letter dated September 9, 1998, Ford Motor Company's 
Automotive Safety Office noted additional typographical and other 
errors in the May 1998 final rule. NHTSA has reviewed Ford's comments, 
and will make the following changes to the final rule:
    Standard No. 101, Controls and displays--Ford notes that in Table 
1, Note 4 should read ``Identification not required for vehicles with a 
GVWR greater than 4536 kg or for narrow ring-type controls.'' Ford also 
stated its view that in Table 2, under the ``SPEEDOMETER'' display, 
Column 3 ``MPH km/h'' requires both English and metric units. Ford 
recommends that it read: ``MPH and/or km/h'.
    Standard No. 111, Rearview mirrors--In S5.1.1, Ford noted that to 
be consistent with identical measurements in other provisions in 
Standard No. 111, 60 m should be changed to 61 m. In S9.3(b)(2), Ford 
noted the center of the mirror measurement should be 95 cm, not 95 
cm\2\. Ford corrected various typographical errors in Table 1, 
``Conversion Table from Spherometer Dial Reading to Radius of 
Curvature''. Ford noted that in Figure 1, the measurement ``1/4'' 
should be 6.4 mm to be consistent with S12.3 of Standard No. 111.
    Standard No. 204, Steering control rearward displacement--Ford 
noted that S4.2 should read ``48 km/h'', not ``48.3 km/h'', to be 
consistent with the test speeds specified in Standards 219 and 301.
    Standard No. 209, Seat belt assemblies--Ford noted a typographical 
error in S5.2(d), which should read ``* * * 334 N on the components of 
a Type 2 seat belt assembly * * *''. The final rule omitted the word 
``on'' in the sentence. Ford also asked that NHTSA include g force 
measurements to acceleration measurements of 7 m/s\2\ (0.7 g) and 3 m/
s\2\ (0.3 g), specified at S4.2(j) and S5.2(j).

Regulatory Impacts

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has examined the impact of this rulemaking action under E.O. 
12866 and the Department of Transportation's regulatory policies and 
procedures. This rulemaking document was not reviewed under E. O. 
12866, ``Regulatory Planning and Review.'' This action has been 
determined to be not ``significant'' under DOT's regulatory policies 
and procedures.
    In converting the Federal Motor Vehicle Safety Standards from the 
English to the metric measurement system, the agency has made 
conversions in a way that does not substantively change the performance 
requirements of the FMVSSs. In this final rule, NHTSA makes corrections 
to errors that were in the May 27, 1998 final rule. NHTSA does not 
believe motor vehicle manufacturers will incur any additional costs as 
a result of this final rule. The impacts of this action are so minor 
that a full regulatory evaluation has not been prepared.

B. Regulatory Flexibility Act

    The agency has also considered the effects of this rulemaking 
action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I 
certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. The rationale for 
this certification is that this final rule makes no substantive changes 
to any Federal Motor Vehicle Safety Standards, and is limited to 
correcting typographical and other errors in the May 27, 1998 final 
rule that amended the Federal Motor Vehicle Safety Standards.

[[Page 50997]]

C. Environmental Impacts

    In accordance with the National Environmental Policy Act of 1969, 
the agency has considered the environmental impacts of this rulemaking 
action and determined that as a final rule, it would not have a 
significant impact on the quality of the human environment.

D. Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

E. Civil Justice Reform

    This rule will not have a retroactive effect. Under Section 103(d) 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 
1392(d)), whenever a Federal motor vehicle safety standard is in 
effect, a state may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard. Section 105 of the Act (15 U.S.C. 1394) sets forth a 
procedure for judicial review of final rules establishing, amending or 
revoking Federal motor vehicle safety standards. That section does not 
require submission of a petition for reconsideration or other 
administrative proceedings before parties may file suit in court.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this final rule does not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, the Federal Motor Vehicle Safety 
Standards (49 CFR Part 571), are amended as set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.101 is amended by revising S5 to read as follows:


Sec. 571.101  Standard No. 101, Controls and displays.

* * * * *
    S5  Requirements. Each passenger car, multipurpose passenger 
vehicle, truck and bus manufactured with any control listed in S5.1 or 
in column 1 of Table 1, and each passenger car, multipurpose passenger 
vehicle and truck or bus less than 4,536 kg. GVWR with any display 
listed in S5.1 or in column 1 of Table 2, shall meet the requirements 
of this standard for the location, identification, and illumination of 
such control or display.
* * * * *
    3. Section 571.101 is amended by revising Table 1 and Table 2 that 
follow S6. to read as follows:

BILLING CODE 4910-59-P

[[Page 50998]]

[GRAPHIC] [TIFF OMITTED] TR24SE98.032



[[Page 50999]]

[GRAPHIC] [TIFF OMITTED] TR24SE98.033



BILLING CODE 4910-59-C

[[Page 51000]]

    4. Section 571.104, is amended by revising in S3, the definition of 
``Glazing surface reference line'' to read as follows:


Sec. 571.104  Standard No. 104; Windshield wiping and washing systems.

* * * * *
    S3. * * *
    Glazing surface reference line means the line resulting from the 
intersection of the glazing surface and a horizontal plane 635 
millimeters above the seating reference point, as shown in Figure 1 of 
SAE Recommended Practice J903a, ``Passenger Car Windshield Wiper 
Systems,'' May 1966.
* * * * *
    5. Section 571.111 is amended by revising in S5.1.1, the first 
sentence, and revising S9.3(b)(2) to read as follows:


Sec. 571.111  Standard No. 111; Rearview mirrors.

* * * * *
    S5.1.1  Field of view. Except as provided in S5.3, the mirror shall 
provide a field of view with an included horizontal angle measured from 
the projected eye point of at least 20 degrees, and a sufficient 
vertical angle to provide a view of a level road surface extending to 
the horizon beginning at a point not greater than 61 m to the rear of 
the vehicle when the vehicle is occupied by the driver and four 
passengers or the designated occupant capacity, if less, based on an 
average occupant weight of 68 kg. * * *
* * * * *
    S9.2  * * *
    (b) * * *
    (2) Each mirror shall be located such that the distance from the 
center point of the eye location of a 25th percentile adult female 
seated in the driver's seat to the center of the mirror shall be at 
least 95 cm.
* * * * *
    6. Section 571.111 is amended by revising in S12.8, Figure 1 to 
read as follows:

BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR24SE98.034


BILLING CODE 4910-59-C

    7. In Sec. 571.111, Table I--``Conversion Table from Spherometer 
Dial Reading to Radius of Curvature,'' following Figure 1 in S12.8, is 
revised to read as follows:

  Table I.--Conversion Table From Spherometer Dial Reading to Radius of
                                Curvature
------------------------------------------------------------------------
                                                 Radius of    Radius of
                 Dial reading                    curvature    curvature
                                                  (Inches)       (mm)
------------------------------------------------------------------------
.00330........................................         85.2       2164.1
.00350........................................         80.4      2042.92
.00374........................................         75.2       1910.1
.00402........................................         70.0       1778.0
.00416........................................         67.6       1717.0
.00432........................................         65.1       1653.5
.00450........................................         62.5       1587.5
.00468........................................         60.1       1526.5
.00476........................................         59.1       1501.1
.00484........................................         58.1       1475.7
.00492........................................         57.2       1452.9
.00502........................................         56.0       1422.4
.00512........................................         54.9       1394.5
.00522........................................         53.9       1369.1
.00536........................................         52.5       1333.5
.00544........................................         51.7       1313.2
.00554........................................         50.8       1290.3
.00566........................................         49.7       1262.4
.00580........................................         48.5       1231.9
.00592........................................         47.5       1206.5
.00606........................................         46.4       1178.6
.00622........................................         45.2       1148.1
.00636........................................         44.2       1122.7

[[Page 51001]]

.00654........................................         43.0       1092.2
.00668........................................         42.1       1069.3
.00686........................................         41.0       1041.4
.00694........................................         40.5       1028.7
.00720........................................         39.1        993.1
.00740........................................         38.0        965.2
.00760........................................         37.0        939.8
.00780........................................         36.1        916.9
.00802........................................         35.1        891.5
.00822........................................         34.2        868.7
.00850........................................         33.1        840.7
.00878........................................         32.0        812.8
.00906........................................         31.0        787.4
.00922........................................         30.5        774.7
.00938........................................         30.0        762.0
.00960........................................         29.3        744.2
.00980........................................         28.7        729.0
.01004........................................         28.0        711.2
.01022........................................         27.5        698.5
.01042........................................         27.0        685.8
.01060........................................         26.5        673.1
.01080........................................         26.0        660.4
.01110........................................         25.3        642.6
.01130........................................         24.9        632.5
.01170........................................         24.0        609.6
.01200........................................         23.4        594.4
.01240........................................         22.7        576.6
.01280........................................         22.0        558.8
.01310........................................         21.5        546.1
.01360........................................         20.7        525.8
.01400........................................         20.1        510.5
.01430........................................         19.7        500.4
.01480........................................         19.0        482.6
.01540........................................         18.3        464.8
.01570........................................         17.9        454.7
.01610........................................         17.5        444.5
.01650........................................         17.1        434.3
.01700........................................         16.6        421.6
.01750........................................         16.1        408.9
.01800........................................         15.6        396.2
.01860........................................         15.1        383.5
.01910........................................         14.7        373.4
.01980........................................         14.2        360.7
.02040........................................         13.8        350.5
.02100........................................         13.4        340.4
.02160........................................         13.0        330.2
.02250........................................         12.5        317.5
.02340........................................         12.0        304.8
.02450........................................         11.5        292.1
.02560........................................         11.0        279.4
.02680........................................         10.5        266.7
.02810........................................         10.0        254.0
.02960........................................          9.5        241.3
.03130........................................          9.0        228.6
.03310........................................          8.5        215.9
------------------------------------------------------------------------

    8. Section 571.116 is amended by revision S6.3 to read as follows:


Sec. 571.116  Standard No. 116, Motor vehicle brake fluids.

* * * * *
    S6.3 Kinematic viscosities. Determine the kinematic viscosity of a 
brake fluid in mm2/s by the following procedure. Run 
duplicate samples at each of the specified temperatures, making two 
times runs on each sample.
* * * * *
    9. Section 571.123 is amended by revising Table 3 ``Motorcycle 
Control and Display Identification'', that follows S5.2.5 and Tables 1 
and 2, to read as follows:


Sec. 571.123  Standard No. 123, Motorcycle controls and displays.

BILLING CODE 4910-59-C

[[Page 51002]]

[GRAPHIC] [TIFF OMITTED] TR24SE98.035



BILLING CODE 4910-59-C

[[Page 51003]]

    10. Section 571.203 is amended by revising in S5.1, paragraph (a) 
to read as follows:


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

    S5.1 * * *
    (a) When the steering control system is impacted by a body block in 
accordance with SAE Recommended Practice J944 JUN80 Steering Control 
System--Passenger Car--Laboratory Test Procedure, at a relative 
velocity of 24 km/h, the impact force developed on the chest of the 
body block transmitted to the steering control system shall not exceed 
11,120 N, except for intervals whose cumulative duration is not more 
than 3 milliseconds.
* * * * *
    11. Section 571.204 is amended by revising in S4.2, the first 
sentence to read as follows:


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

* * * * *
    S4.2 Vehicles manufactured on or after September 1, 1991. When a 
passenger car or a truck, bus or multipurpose passenger vehicle with a 
gross vehicle weight rating of 4,536 kg or less and an unloaded vehicle 
weight of 2,495 kg or less is tested under the conditions of S5 in a 48 
km/h perpendicular impact into a fixed collision barrier, the upper end 
of the steering column and shaft in the vehicle shall not be displaced 
more than 127 mm in a horizontal rearward direction parallel to the 
longitudinal axis of the vehicle. * * *
* * * * *
    12. Section 571.209 is amended by revising in S4.2, paragraph(b); 
revising in S4.3(j), paragraphs (1) and (2); revising in S4.4, 
paragraph (a)(1); and revising in S5.2, the second sentence in 
paragraph (d)(1); the second sentence in paragraph (e), and the fourth 
and fifth sentences in paragraph (j) to read as follows:


Sec. 571.209  Standard No. 209, Seat belt assemblies.

* * * * *
    S4.2 Requirements for webbing.
* * * * *
    (b) Breaking strength. The webbing in a seat belt assembly shall 
have not less than the following breaking strength when tested by the 
procedures specified in S5.1(b): Type 1 seat belt assembly--26,689 N; 
Type 2 seat belt assembly--22,241 N for webbing in pelvic restraint and 
17,793 N for webbing in upper torso restraint.
* * * * *
    S4.3 Requirements for hardware.
* * * * *
    (j) * * *
    (1) Shall lock before the webbing extends 25 mm when the retractor 
is subjected to an acceleration of 7 m/s\2\ (0.7 g);
    (2) Shall not lock, if the retractor is sensitive to webbing 
withdrawal, before the webbing extends 51 mm when the retractor is 
subjected to an acceleration of 3 m/s\2\ (0.3 g) or less.
* * * * *
    S4.4 Requirements for assembly performance.
    (a) * * *
    (1) The assembly loop shall withstand a force of not less than 
22,241 N; that is, each structural component of the assembly shall 
withstand a force of not less than 11,120 N.
* * * * *
    S5.2 Hardware.
* * * * *
    (d) Buckle release. (1) * * * After subjection to the force 
applicable for the assembly being tested, the force shall be reduced 
and maintained at 667 N on the assembly loop of a Type 1 seat belt 
assembly, 334 N on the components of a Type 2 seat belt assembly. * * *
* * * * *
    (e) Adjustment Force. * * * With no load on the anchor end, the 
webbing shall be drawn through the adjusting device at a rate of 508 mm 
50 mm per minute and the maximum force shall be measured to 
the nearest 1 N after the first 25 mm of webbing movement. * * *
* * * * *
    (j) Emergency-locking retractor. * * * A retractor that is 
sensitive to webbing withdrawal shall be subjected to an acceleration 
of 3 m/s2 (0.3 g) within a period of 50 milliseconds (ms) 
while the webbing is at 75 percent extension, to determine compliance 
with S4.3(j)(2). The retractor shall be subjected to an acceleration of 
7 m/s2 (0.7 g) within a period of 50 milliseconds (ms), 
while the webbing is at 75 percent extension, and the webbing movement 
before locking shall be measured under the following conditions: For a 
retractor sensitive to webbing withdrawal, the retractor shall be 
accelerated in the direction of webbing retraction while the retractor 
drum's central axis is oriented horizontally and at angles of 45 deg., 
90 deg., 135 deg., and 180 deg. to the horizontal plane. * * *
* * * * *
    13. In Sec. 571.302, Figure 1, after S5.1.1, is revised to read as 
follows:


Sec. 571.302  Standard No. 302; Flammability of interior materials.

BILLING CODE 4910-59-P

[[Page 51004]]

[GRAPHIC] [TIFF OMITTED] TR24SE98.036



    Issued on: September 21, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-25609 Filed 9-23-98; 8:45 am]
BILLING CODE 4910-59-C