[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
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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