[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Proposed Rules]
[Pages 2480-2483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1134]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 02-13954; Notice 1]
RIN 2127-AI36


Federal Motor Vehicle Safety Standards; Occupant Crash 
Protection, Seat Belt Assemblies

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

ACTION: Termination of rulemaking; denial of petition for rulemaking.

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SUMMARY: In April 2000, NHTSA received a petition for rulemaking 
requesting that the agency amend its safety standards to require that 
vehicle manufacturers either offer consumers the option of longer seat 
belts on new vehicles or make seat belt extenders available for 
purchase. The purpose of the petition was to accommodate individuals 
who, because of their size, cannot use the seat belts in the vehicle of 
their choice. The agency granted the petition on February 28, 2001 and 
began to gather data on the availability of longer belts and to 
estimate the underserved population. In August 2002, the agency 
received a second petition for rulemaking requesting the same 
amendments.
    Based on its analysis of available data, NHTSA is terminating 
rulemaking on the April 2000 petition, and is denying the August 2002 
petition for rulemaking.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Sanjay Patel, Office of Crashworthiness Standards. Telephone: (202) 
366-4583, Facsimile: (202) 366-4329.
    For legal issues, you may contact Otto Matheke, Office of the Chief 
Counsel. Telephone: (202) 366-5263, Facsimile: (202) 366-3820.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 18, 2000, Ms. Elizabeth Fisher petitioned the agency to 
amend Federal Motor Vehicle Standard (FMVSS) No. 209, Seat belt 
assemblies, to require vehicle manufacturers to provide seat belts that 
fit all passengers (Docket No. NHTSA-2000-7580-01). Ms. Fisher's 
petition stated that the existing provisions of FMVSS No. 209 only 
require belts to fit adult males weighing up to 97.5 kg (215 lbs.) and 
requested that NHTSA initiate a rulemaking action to require vehicle 
manufacturers to provide a means for any passenger who fits inside the 
vehicle to be able to fasten the seat belt. The petition suggested that 
this could be accomplished either by requiring manufacturers to make 
longer seat belts available as a vehicle option or by requiring that 
all vehicle manufacturers make seat belt extenders available to those 
who wish to purchase them.
    FMVSS No. 208, Occupant crash protection, and FMVSS No. 209 require 
that seat belt assemblies shall be capable of adjustment to fit 
occupants up to the size of the 95th percentile male, as defined by 
these standards. These standards define the mass of the 95th percentile 
male as 97.5 kg (215 lbs.). However, Ms. Fisher, using Body Mass Index 
(BMI) data from the Third National Health and Nutrition Examination 
Survey (NHANES III) of the National Center for Health Statistics, 
argued that more than 22 percent of the U.S. adult population is larger 
than a

[[Page 2481]]

person who is 1.83 meter (6 ft) tall and weighs 97.5 kg (215 lbs.).\1\ 
She believes that belts that just meet the requirements of FMVSS No. 
209 would not accommodate these larger Americans.
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    \1\ As discussed below, NHTSA does not agree that BMI is the 
appropriate measure for determining dimensions for seat belt fit.
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    The agency granted the petition on February 28, 2001, and began to 
gather data on the availability of longer belts and on the size of the 
population who cannot currently buckle up. The result of this effort is 
contained in a NHTSA Technical Report \2\ that is available in the 
Docket for this notice. Another research report upon which we relied in 
making the decision to terminate rulemaking is ``FMVSS 208 Belt Fit 
Evaluation, Possible Modification to Accommodate Larger People,'' 
Vehicle Research and Test Center (VRTC), 1988. It is also available in 
the Docket for this notice.
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    \2\ ``Accommodation of Larger Occupants in Current Seat Belt 
Assemblies,'' NHTSA Technical Report, July 2002.
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    On August 19, 2002, the agency received a second petition for 
rulemaking on this issue from Mr. Jay Levy. Mr. Levy petitioned for the 
same amendments to FMVSS No. 209 as those cited in Ms. Fisher's 
petition. Mr. Levy's petition duplicated the exact arguments stated in 
Ms. Fisher's petition and did not provide any new information.

II. Reasons for Termination

    Both Ms. Fisher's and Mr. Levy's petitions contend that if a person 
can physically ``fit'' in a vehicle, the person should also be able to 
fasten his or her seat belt. However, in establishing minimum 
performance requirements for seat belts, including the size of these 
belts, the agency cannot base the applicability of those requirements 
on such an imprecise guideline. It would be difficult for the agency or 
vehicle manufacturers to determine what size person can ``fit'' in each 
particular vehicle. It would also be difficult, near the outer limits 
of known dimensions for the vehicle using population, to determine how 
much longer seat belts would have to be. In order for the agency to 
develop an objective and reasonable regulation, we would have to know 
or estimate the dimensions of the largest vehicle users. Therefore, the 
agency went about determining what would be required to formulate 
requirements to serve the population that the petitioner believes is 
not currently served.
    In determining the required seat belt length for a particular size 
person, the most critical measurement is seated hip circumference. The 
seated hip circumference of an occupant determines the length the belt 
must travel to come across the occupant to the latch. The seated hip 
circumference of the 95th percentile adult male referred to in FMVSS 
No. 209 is 1199 mm (47 in.). The estimated seated hip circumference of 
the 99th percentile adult person (including male and female) in the 
U.S. population is 1509 mm (59 in.).\3\
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    \3\ This dimension is estimated from the standing hip 
circumference measured in the NHANES III using a calculation 
described in the NHTSA Technical Report.
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    From this seated hip circumference, the agency estimated, using 
geometric approximation, the additional belt length needed to go around 
the hips of occupants larger than the 95th percentile male. We 
determined that a person with the 99th percentile hip circumference 
from the NHANES III data would need 254 mm (10.0 in.) additional belt 
length above that needed for a FMVSS No. 209 95th percentile male. 
Adding an assumption that the 99th percentile person would be wearing 
bulky winter clothing (which the standard does not require), the agency 
concluded that the additional belt length needed increases to 348 mm 
(13.7 in.).
    Next, we estimated how many people cannot use their seat belts 
because the belts are too short to buckle. This involved examining 
three elements: (1) How many people have a hip circumference larger 
than the 95th percentile male, but not larger than that of the 99th 
percentile person from NHANES III, (2) how many vehicle make/models 
have standard belts that will not accommodate a person larger than the 
NHANES III 99th percentile male, and (3) how many of these vehicles do 
not have seat belt extenders or longer belts available.
    We estimated from the NHANES III data that the total U.S. 
population older than 13 years with a hip circumference between that of 
the 95th percentile male and that of the NHANES III 99th percentile 
person is 38,191,527 persons or 19 percent. The agency also estimated 
that 1,980,744 persons, or 1 percent of the population 13 years and 
older, are larger than the NHANES III 99th percentile person.
    Having determined the numbers of people likely to need additional 
belt length if all belts were no longer than the minimum length 
required by our standards, the agency then considered the question of 
how these larger people are currently being accommodated by vehicles 
now on the market. For many reasons, manufacturers provide additional 
belt length beyond the minimum required by NHTSA. In response to our 
inquiry, General Motors, Ford, DaimlerChrysler, and Honda provided 
extra belt length information about their respective model year 2003 
vehicle make/models. The information provided by these four 
manufacturers covers 136 vehicle models.\4\ These manufacturers each 
provide an average of 18 to 20 inches of extra belt length for the 
driver and right front passenger positions in their respective model 
year 2003 vehicles. This extra belt length is more than enough to 
accommodate our estimate of what is needed for a 99th percentile 
person, including any additional length to go around the torso of the 
person. A detailed summary of the additional belt length information by 
specific make/model from these manufacturers, and all others we 
contacted, is provided in the Docket for this notice. Based on the 
available data, it appears that most vehicles can fit all but the 
largest users with the original belts.
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    \4\ NHTSA does not routinely collect information from 
manufacturers on belt length beyond what is required for the 95th 
percentile male, but beginning with model year 2003, the agency does 
collect information for consumers on whether or not longer belts are 
available with vehicle make/models in our ``Buying a Safer Car'' 
program. NHTSA intends to make this information available on our Web 
site at http://www.nhtsa.dot.gov/cars/testing/ncap/ by selecting the 
vehicle of interest and clicking on ``safety features.''
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    To determine the availability of extra measures beyond standard 
belts, NHTSA contacted major vehicle manufacturers, to determine if 
they provide seat belt extenders, optional longer seat belts, or have 
other means for accommodating large users. A summary of this 
information is provided in Table 1. From this information, NHTSA 
calculated that 87.5 percent of vehicle make/models available today 
offer consumers either seat belt extenders or longer belts as an 
option. The remaining 12.5 percent do not offer longer belts or 
extenders but may already offer belts longer than the minimum length 
required by FMVSS No. 209.

[[Page 2482]]



                          Table 1.--Availability of Seat Belt Extender or Longer Belts
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                                                                                                       Vehicle
           Company                 Extender         Length of     Linkable? (2 or  Optional longer     sales*
                                   available      extender (in)        more)         seat belts?       (2000)
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Hyundai......................  No..............  ...............  ...............  ...............       244,391
Jaguar.......................  No..............  ...............  ...............  ...............        43,728
Kia..........................  No..............  ...............  ...............  No.............       160,606
Porsche......................  No..............  ...............  ...............  No.............        22,410
Subaru.......................  No..............  ...............  ...............  No.............       172,216
Honda, Acura.................  No..............  ...............  ...............  No.............     1,158,860
Volkswagen, Audi.............  No..............  No.............  ...............  ...............       435,851
                                                                                                   -------------
    Subtotal--NO.............                                                                          2,238,062
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Land Rover...................  No..............  ...............  ...............  Yes............        27,148
BMW..........................  No..............  ...............  ...............  Yes............       189,423
Mercedes Benz................  No..............  ...............  ...............  Yes, case-by-         205,614
                                                                                    case.
Chrysler.....................  Yes.............  6, 8...........  Yes............  ...............     2,522,695
Mazda........................  Yes.............  8, 9, 12.......  ...............  ...............       255,526
Toyota, Lexus................  Yes.............  6, 9, 12, 15,    ...............  ...............     1,619,206
                                                  18.
Volvo........................  Yes.............  ...............  ...............  ...............       123,178
GM...........................  Yes.............  9, 15..........  No.............  Cadillac            4,883,040
                                                                                    Catera, 12''
                                                                                    only.
Ford.........................  Yes.............  8..............  Yes............  No.............     4,010,148
Nissan, Infinity.............  Yes.............  8..............  Yes............  No.............       752,088
Isuzu........................  Yes.............  6, 9, 12, 15,    Yes............  No.............        98,066
                                                  18.
Saab.........................  Yes.............  6..............  ...............  No.............        39,479
Mitsubishi...................  Yes.............  6-7............  Yes............  No.............       314,417
Suzuki.......................  Yes.............  9, 15..........  Yes............  No.............        60,845
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    Subtotal of vehicles with oversize provisions...............                                      15,100,873
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    Total....................                                                                        17,338,935
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* The vehicle manufacturers identified the models for which they offer belt extenders or extra webbing. The
  vehicle sales data from Automotive News were used to quantify the number of vehicles in the fleet.

    Given that many vehicles have belts long enough to fit almost all 
users and that optional longer belts or seat belt extenders are 
available for 87.5 percent of the fleet, the agency believes that a 
requirement to increase the belt length in all vehicles is unnecessary. 
NHTSA's analysis indicates that for almost all of these large 
individuals, there are few practical obstacles to obtaining that 
benefit, although they may find it more difficult to do so in some 
vehicles when compared to others.
    Another factor in our decision is a concern that requiring 
manufacturers to provide either longer belts or belt extenders may have 
negative safety consequences. In the case of longer belts, the 
previously mentioned 1988 VRTC report described sled tests conducted 
with up to 254 mm (10 in.) of extra webbing in the restraint system. 
All tests were run at a 48 km/h (30 mph) change in velocity using a 
50th percentile Hybrid III dummy in the front passenger seating 
position of a 1982 Chevrolet Celebrity. The amount of belt webbing 
spool-out increased from 41 mm to 76 mm (1.6 to 3.0 in.) with the 
increased belt length. Peak head, chest, and pelvic accelerations 
showed very little change with increased belt length. However, Head 
Injury Criterion did show an increase of about 12 percent. The greatest 
change appeared to be an increase of 17 percent in the neck flexion 
moment. The results of the sled tests also indicated an increase in 
dummy excursion relative to the vehicle with increasing belt length. 
The maximum resultant excursion of the head varied from the baseline by 
76 mm (3 in.). A linear regression through the data showed a 26 mm 
(1.02 in.) increase in resultant head excursion for each additional 100 
mm (3.98 in.) of belt length. Thus, an addition of 254 mm (10 in.) in 
belt length translates to 65 mm (2.6 in.) greater head excursion than 
the baseline.
    The results of the VRTC study were obtained from the front 
passenger seat of a single vehicle without an air bag or seat belt 
pretensioner. Since belt webbing properties have not changed 
substantively since the 1980s, these estimates would appear to be 
reasonable for current belt systems with added webbing on the 
retractor. Seat belt pretensioners may prevent extra belt spool-out 
associated with longer belts. However, where pretensioners are not 
used, increased excursion values due to longer belts may significantly 
increase the risk of injury due to contact with the vehicle interior.
    Belts may also be made longer by the use of belt extenders. Belt 
extenders, which would only be used by persons needing additional 
webbing length, would avoid some of the risks of increased spool-out 
and excursion associated with longer belts. However, as described in 
the NHTSA Technical Report, proper fit is necessary when using belt 
extenders. If the location of the extender places the buckle a distance 
of no more than 152 mm (6 in.) from the occupant's vertical center-
line, the shoulder belt will not provide proper torso restraint and may 
pull the lap belt up onto the abdomen during a frontal impact, possibly 
leading to greater excursion and/or internal injury. The risks of belt 
extenders would be accentuated where the extender is not properly sized 
for the user or where a person of more average size inadvertently used 
a belt with an extender attached.

III. Options for Larger Persons

    NHTSA's decision to terminate this rulemaking does not foreclose 
opportunities for larger persons to use seat belts that fit. Both 
vehicles and vehicle occupants are found in a variety of shapes and 
sizes. A given vehicle may not be able to accommodate all persons. For 
reasons other than girth, a vehicle may be unsuitable for some users. 
For example, very tall persons

[[Page 2483]]

may need a vehicle with a high roof to afford sufficient visibility and 
comfort. Particularly short statured persons may need to avoid 
purchasing vehicles whose design places them in close proximity to the 
driver's air bag.
    Vehicle buyers should take care to be sure that the vehicle they 
choose is suitable for their needs, including having belts that fit. If 
the original belts in a vehicle do not fit, it may be possible to 
obtain longer belts or belt extenders from the vehicle manufacturer. 
Vehicles with optional longer belts are available as listed in Table 1. 
Although dealers may not always be aware that longer optional belts or 
belt extenders are available, vehicle purchasers can and should insist 
that dealers check with the manufacturer. If available, the purchaser 
should make their inclusion in the vehicle a condition of the sale.
    In those instances in which longer belts or belt extenders are 
needed and are not available from the vehicle manufacturer, there are 
means available for modifying the vehicle to accommodate the physical 
needs of a particular buyer. One option is to purchase belt extenders 
from an aftermarket supplier or to have belt extenders made. Also, some 
businesses that modify vehicles to accommodate people with disabilities 
will modify seat belts.
    Another alternative is to have more extensive modifications made on 
the vehicle itself.\5\ Seat positioning can also influence the seat 
belt fit. For vehicles with at least one end of the belt anchored to 
the vehicle and not to the seat, an additional 51 mm (2 in.) to 76 mm 
(3 in.) in belt length is gained for every 25 mm (inch) of rearward 
seat movement. If a seat position is found that allows the seat belt to 
fit, but causes the pedals to be out of reach, adjustable pedals may be 
available as optional equipment. Alternatively, pedal extenders can be 
obtained.
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    \5\ Vehicles are often modified for people with disabilities. 
NHTSA is not suggesting that large individuals are disabled. 
However, modifiers are experienced at fitting vehicles to the unique 
physical characteristics of certain users. The process is described 
in Adapting Motor Vehicles for People with Disabilities, DOT HS 809 
014, and also available at http://www.nhtsa.dot.gov/cars/rules/adaptive/brochure/index.html.
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    The agency believes that additional regulatory requirements are not 
needed to enable larger size persons to find a vehicle that will 
accommodate their needs and allow them to buckle up. Publication of 
information on the availability of longer belts as standard equipment 
\6\ and longer belts or belt extenders as options, should allow larger 
persons to choose models from vehicle manufacturers who are responsive 
to their needs. Finally, if an individual cannot find a vehicle fitting 
their needs with a belt that fits, or an available OEM belt extender, a 
vehicle modifier may be able to fashion a suitable belt extender, 
produce and install a longer belt, or move the original seat to provide 
additional belt length.
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    \6\ NHTSA currently provide information about the availability 
of seat belt extenders on our Web site at http://www.nhtsa.dot.gov/cars/testing/ncap/.
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IV. Conclusion

    In accordance with 49 CFR part 552, this completes the agency's 
review of the petitions for rulemaking. In view of the considerations 
discussed above, the agency has concluded that there is no reasonable 
possibility that the amendments requested by the petitioners would be 
issued at the conclusion of the rulemaking proceeding. Accordingly, 
rulemaking on the petition from Ms. Fisher is terminated, and the 
petition for rulemaking submitted by Mr. Levy is denied.

    Authority: 49 U.S.C. 30103, 30162; delegation of authority at 49 
CFR 1.50 and 501.8.

    Issued on: January 13, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-1134 Filed 1-16-03; 8:45 am]
BILLING CODE 4910-59-P