[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Pages 65179-65201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28479]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 03-16476, Notice 1]
RIN 2127-AI82


Federal Motor Vehicle Safety Standards; Occupant Crash Protection

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

ACTION: Final rule; response to petitions for reconsideration.

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SUMMARY: This document responds, in part, to petitions for 
reconsideration of the amendments we made in December 2001 to our May 
2000 Advanced Air Bag Rule. Because of time constraints faced by 
vehicle manufacturers in certifying a portion of their fleet to the 
advanced air bag requirements, we bifurcated our response. This 
document addresses detailed seat and dummy positioning procedures. In 
particular, we are responding to those portions regarding seat 
positioning procedures when using the 5th percentile adult female test 
dummy in the barrier test and the low risk deployment test; when using 
the 3-year-old and 6-year-old test dummies in the low risk deployment 
test; the fore and aft seat location for rear facing child restraint 
systems (RFCRSs); and the seat track position for the low risk 
deployment test. This document responds to test dummy positioning 
procedure issues, specifically those addressing foot positioning of the 
5th percentile adult female test dummy; positioning out-of-position 
test dummies; and positioning of test dummy hands. This document amends 
the definition of ``Plane B'' and ``Plane D'' as they relate to test 
dummy positioning, Point 1 under the low risk deployment tests, and 
addresses other reference points and definitions. This document also 
amends the list of child restraint systems required for certain 
compliance testing. A previous document has already dealt with the time 
sensitive issues and minor technical issues raised in the petitions for 
reconsideration.

DATES: Effective date: The amendments made in this rule are effective 
January 20, 2004.
    Petitions: Petitions for reconsideration must be received by 
January 5, 2004 and should refer to this docket and the notice number 
of this document and be submitted to: Administrator, National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 
20590.

ADDRESSES: Submissions may be made [identified by DOT DMS Docket Number 
NHTSA-03-16476, Notice 1] by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions on 
the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5 
pm, Monday through Friday, except Federal Holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Rulemaking Analysis 
and Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 am and 5 pm, Monday through Friday, except 
Federal Holidays

FOR FURTHER INFORMTION CONTACT: For non-legal issues, you may contact 
Louis Molino, Office of Crashworthiness Standards, at (202) 366-2264, 
and fax him at (202) 493-2739.

[[Page 65180]]

    For legal issues, you may contact Christopher Calamita or Rebecca 
MacPherson, Office of Chief Counsel, at (202) 366-2992, and fax them at 
(202) 366-3820.
    You may send mail to these officials at the National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Petitions for Reconsideration
III. Summary of Response to Petitions
IV. Seat Positioning Procedures
    A. Barrier Test (5th Percentile Adult Female Test Dummy), Low Risk 
Deployment Test (5th Percentile Adult Female, 3-year-old, and 6-year-
old Test Dummies), and Other Test Procedures
    B. Rear Facing Child Restraint System (RFCRS) (Low Risk Deployment 
and Indicant Test Procedures)
    C. Low Risk Deployment Test Procedures--Seat Track Position
V. Test Dummy Positioning Procedures
    A. Left foot--5th Percentile Adult Female Test Dummy (Barrier Test)
    B. Right Foot--5th Percentile Adult Female Test Dummy (Barrier 
Test)
    C. Chin-on-Steering Wheel Test Procedure
    D. Head-on-Instrument Panel Test Procedure
    1. Test Dummy Height
    2. Torso Positioning
    E. Hand Positioning
VI. Planes, Points, and Definitions
    A. Plane B
    B. Plane D and Plane C
    C. Point 1 (Low Risk Deployment Test)
    D. ''Air Bag System'
VII. Miscellaneous Issues
    A. Separation in Test Speed Between the Low Risk Deployment 
Indicant and the Unbelted Barrier Test
    B. Test Procedures for Automatic Suppression Requirements (Belt 
Cinching)
    C. Appendix A of FMVSS No. 208
    D. Neck and Chest Injury Criteria
    E. Technical Corrections of the Regulatory Text
VIII. Rulemaking Analysis and Notices

I. Background

    On May 12, 2000, we published an interim final rule to require 
advanced air bags (65 FR 30680: Docket No. NHTSA 00-7013; Notice 1) 
(Advanced Air Bag Rule). The rule addressed the risk of serious air 
bag-induced injuries, particularly for small women and young children, 
and amended Federal Motor Vehicle Safety Standard (FMVSS) No. 208, 
Occupant crash protection, to require that future air bags be designed 
to minimize such risk.
    The issuance of the Advanced Air Bag Rule completed the 
implementation of our 1996 comprehensive plan for reducing air bag 
risks. The rule was also required by the Transportation Equity Act for 
the 21st Century (TEA 21), which was enacted in 1998. TEA 21 required 
us to issue a rule amending FMVSS No. 208:

to improve occupant protection for occupants of different sizes, 
belted and unbelted, under Federal Motor Vehicle Safety Standard No. 
208, while minimizing the risk to infants, children, and other 
occupants from injuries and deaths caused by air bags, by means that 
include advanced air bags.

    Eight petitions for reconsideration of the Advanced Air Bag Rule 
were submitted to the agency (see Docket No. NHTSA 00-7013). In 
addition, NHTSA received two requests for clarification within the time 
period for filing petitions and three comments that would have been 
considered petitions for reconsideration had they been timely filed.
    Petitioners raised a large number of concerns about the various 
test procedures in their written submissions. To adequately address 
these issues, the agency held a technical workshop so that we could 
better understand the specific concerns and better determine if the 
test procedures needed refinement.\1\
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    \1\ The workshop was held on December 6, 2000 at NHTSA's Vehicle 
Research and Test Center in East Liberty, Ohio. Representatives of 
18 vehicle manufacturers and 13 seat, sensor, and dummy 
manufacturers attended the workshop. Five different vehicles were 
used as test vehicles. Some of the five had been provided by 
manufacturers because they were experiencing particular problems 
with the existing test procedures in these vehicles.
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    All submissions were addressed in the agency response published in 
the Federal Register on December 18, 2001 and several changes were made 
to the Advanced Air Bag Rule (66 FR 65376; Docket No. NHTSA 01-11110) 
(December 2001 final rule). These changes included a number of 
refinements to the test dummy positioning procedures for the 5th 
percentile adult female, 12-month-old, 3-year-old, and 6-year-old test 
dummies used in the barrier tests and the low risk deployment tests. 
The December 2001 final rule also amended the list of child restraint 
systems in Appendix A for use in certain compliance tests. The list was 
amended to remove those restraints no longer in production and 
replacement restraints were added.

II. Petitions for Reconsideration

    We have received eight petitions for reconsideration of the 
December 2001 final rule. These petitions were filed by the Alliance of 
Automobile Manufacturers (Alliance), Volkswagen, Honda, Porsche, 
DaimlerChrysler, and Toyota. Additionally, BMW, and Autoliv (an air bag 
manufacturer) filed petitions shortly after the deadline for filing 
petitions for reconsideration had passed. Under agency regulation (49 
CFR 553.35(a)), late filed petitions for reconsideration are treated as 
petitions for rulemaking. However, BMW and Autoliv's petitions did not 
raise any issues that had not also been addressed by timely petitions. 
Thus as a practical matter, the issues in BMW and Autoliv's petitions 
will be considered as part of the agency response to the timely-filed 
petitions for reconsideration. TRW submitted a request for 
clarification on one of the issues raised by other petitioners, namely 
the positioning of the 3-year-old and 6-year-old dummies for the ``head 
on the instrument panel test.'' Ford submitted a request for 
interpretation (RFI) concerning dummy positioning. To the extent that 
Ford's RFI overlaps timely petitions, it will be addressed in this 
document. Several supplemental docket submissions were also made after 
the deadline. These documents provided additional information on issues 
previously raised in the petitions for reconsideration. In addition, 
Evenflo, a child restraint manufacturer, has petitioned the agency to 
remove certain Evenflo restraints from Appendix A and replace them with 
other models. Some of the issues raised by that petition are discussed 
in today's rule.
    In this document, we are responding to those portions of the 
petitions regarding detailed seat and test dummy positioning 
procedures, positioning reference planes, low risk deployment and 
unbelted barrier test speeds, inclusion of CRSs in FMVSS No. 208 
Appendix A for suppression testing, and the use of neck and chest 
injury criteria in in-position tests. The remaining issues raised by 
petitioners have been addressed in a previous notice. (68 FR 504; 
January 6, 2003.)

III. Summary of Response to Petitions

    As previously noted, this document addresses the remaining issues 
raised in the petitions for reconsideration: Issues impacting seat 
positioning procedures and dummy positioning procedures, other test 
procedure clarifications, issues associated with the child restraints 
specified in Appendix A of FMVSS No. 208, and corrections to 
inadvertent changes that were made to the regulatory text in the 
December 2001 final rule.

[[Page 65181]]

    We are amending several seat positioning and dummy positioning test 
procedures for the purpose of clarification and to accommodate design 
diversity. Based on petitioners requests, the dummy positioning 
procedures for the barrier test and the low risk deployment test with 
the 5th percentile adult female test dummy are being amended for 
clarity. The positions will be maintained as initially intended, but 
the regulatory text is modified to clarify the descriptions of seat 
adjustment controls and to add a definition of ``seat cushion 
reference.'' To clarify the seat set-up for the infant low risk 
deployment test using RFCRSs, we are amending the regulatory text to 
specify that the test is to be performed with the seat in the full 
forward position only. To further clarify the infant low risk 
deployment test seat set-up and eliminate any inadvertent confusion 
created by the December 2001 final rule, we are also amending the 
seating positioning procedure for the 64 km/h (40 mph) indicant test to 
specify that it be performed at the full forward, middle, and full 
rearward seat positions. We are denying petitioners' request that the 
passenger low risk deployment indicant test only be performed with the 
seat in the mid-track position.
    As a result of issues raised by petitioners and to address the use 
of asymmetrical seats, the dummy positioning procedures for the 5th 
percentile adult female test dummy in the barrier tests and the 
procedures for advanced air bag tests with a CRS now reference the 
seating reference point (SgRP) when determining the longitudinal 
centerline of a bucket seat cushion.
    In this document, we also address several issues that deal with 
dummy positioning procedures. We are establishing a prioritized list of 
three foot positioning adjustments to clear undesirable contact by the 
left foot of the 5th percentile adult female test dummy in the barrier 
tests. In response to a request for guidance in the instances where the 
heel of the right foot cannot initially contact the vehicle floor, the 
agency is amending the compliance test procedure to allow for the 
extension of the lower leg towards the accelerator. The procedure for 
positioning the test dummy in the driver's seat for the low risk 
deployment test is amended to limit adjustment positions so there is no 
contact between the dummy legs and the steering wheel. As a result of 
issues raised by petitioners, the positioning procedures for the 3-
year-old and 6-year-old dummies in low risk deployment testing are 
amended to indicate that as the dummy is moved forward its height is to 
be maintained from the point the dummy loses contact with the seat 
cushion. The low risk deployment testing positioning procedures are 
also amended to reflect that the femur angle of the test dummy with 
respect to the horizontal plane must be maintained.
    In response to petitions to amend the reference point for 
positioning out-of-position dummies, we are establishing an objective 
method to transfer a point onto the air bag cover, relying on the 
volumetric center of the folded air bag and the volumetric center of 
the static inflated air bag.
    This document also deals with issues associated with child 
restraints specified in Appendix A of FMVSS No. 208, and sets forth the 
methodology that the agency will utilize in making changes to the 
appendix in the future. Specifically, the appendix is amended to remove 
CRSs that are no longer in production and add CRSs that have the LATCH 
system. Several minor, non-substantive changes are also made to the 
final rule.
    While the effective date of the amendments adopted today is sixty 
days after publication, manufacturers may choose to comply with the new 
requirements prior to such time. If asked, manufacturers will be 
required to tell NHTSA which set of requirements it relied on in 
certifying a particular vehicle.

IV. Seat Positioning Procedures

A. Barrier Test (5th Percentile Adult Female Test Dummy), Low Risk 
Deployment Test (5th Percentile Adult Female, 3-Year-Old, and 6-Year-
Old Test Dummies), and Other Test Procedures

    Based on requests for clarification in several petitions for 
reconsideration, we are amending the regulatory language to clarify the 
seat positioning procedures for the barrier test and low risk 
deployment testing procedures. In their petitions for reconsideration, 
Mitsubishi and Autoliv requested clarification of the requirements for 
seat cushion height and angle as they relate to the mid-height 
determination. The December 2001 final rule amended the seating 
procedure for the 5th percentile adult female test dummy in the barrier 
test. The amendments addressed the potential problem of early dummy 
contact with the steering wheel, steering column, or knee bolster when 
the dummy is in the full forward position.
    Autoliv stated that there is sometimes a conflict between achieving 
the true midpoint height and maintaining the seat cushion reference 
angle when following the seating procedure. With respect to 
S16.2.10.3.2, Autoliv stated:

    The problem arises if [the correct mid-position] results in a 
discrepancy between the seat cushion angle and the ``seat cushion 
reference angle''--where do you hold the height as you adjust the 
cushion angle? It would seem logical that the midpoint height should 
be held at the h-point, but this is not the most convenient 
reference to use, as it is not an actual part of the seat. (Docket 
No. NHTSA 2001-11110-7.)

Mitsubishi questioned whether the revised S16.2.10.3.3 takes into 
account the type of seat cushion capable of being adjusted up and down 
independently of the seat back, or if S16.2.10.3.3 applies only to up 
and down height adjustment mechanisms as they relate to the whole seat.
    Ford, in its RFI, asked a related question about the position of 
the seat in the low risk deployment test with the 5th percentile adult 
female test dummy (S26.2.3). Ford asked:

    Is a seat with separate controls/mechanism for adjusting the 
front and rear seat height an example of an ``independent seat 
cushion angle adjustment mechanism''? If it is, then would setting 
front and rear heights independently to their respective mid height 
positions represent the proper seat cushion angle setting?

    Based on these petitions, there appears to be some confusion in how 
to position the seat, both in terms of height and seat cushion angle, 
as well as the interaction between these two requirements. Therefore, 
the agency is amending the regulatory language to clarify the 
positioning procedures in S16.2 and S26.2 of FMVSS No. 208. The 
position will be maintained as initially intended, but is now clarified 
by the modification of the descriptions of seat adjustment controls and 
the addition of a definition of ``seat cushion reference.''
    The regulatory text frequently uses the term ``controls which move 
the seat fore and aft,'' and in traditional seat designs this would 
refer to the seat track adjustment. In fully powered seats there is 
typically an analogous control. However, both the manual and powered 
adjustments often also cause the seat height to change slightly, due to 
the pan/seat track angle from horizontal. As a result there may not be 
a seat adjustment mechanism that solely moves the seat fore and aft. 
Therefore, in S16.2 and S26.2, we are amending ``seat adjustment'' to 
include the phrase, ``control which primarily moves the seat fore and 
aft.'' (Emphasis added.) For consistency, similar amendments are being 
made to S16.3 and S26.3.
    S20, S22, and S24, which define test procedures for the suppression 
and low risk deployment testing for 12-month-

[[Page 65182]]

old, 3-year-old, and 6-year-old dummies and activation testing using 
the 5th percentile adult female test dummy, respectively, utilize the 
seat cushion reference angle generated in S16.2.10.3.1. Although 
petitioners did not refer to these sections, we believe that 
consistency between S16 and S26 and S20, S22, and S24 is important. As 
such, these sections are being similarly amended.
    For additional clarification, we are adding a definition of ``seat 
cushion reference point'' (SCRP) as a new section, S16.3.1.12. The SCRP 
is a point on the side of the seat cushion. This definition, along with 
seat cushion angle, clearly specifies the desired seat position. The 
mid-height positioning previously specified in S20, S22, and S24 is 
maintained, but now defined in terms of the SCRP.
    It is also important to note that if the regulatory text requires 
``seat adjustment,'' this is a change in position of the entire seat 
including the seat cushion and back. If ``seat cushion'' or ``seat 
back'' is specified, it indicates adjustment of these components 
independent of the rest of the seat.
    We recognize that the amendments made to the barrier tests that use 
the 5th percentile adult female test dummy may be appropriate for 
incorporation into the barrier tests that use the 50th percentile adult 
male test dummy. However, we also recognize the time sensitive nature 
of the petitions for reconsideration and the need to address the issues 
raised in those petitions. Therefore, at this time we are not 
incorporating such amendments into the barrier tests that use the 50th 
percentile adult male dummy, but may consider such changes at a later 
date.

B. Rear Facing Child Restraint System (RFCRS) (Low Risk Deployment and 
Indicant Test Procedures)

    In the December 2001 final rule, the agency specified seat track, 
seat height, head restraint, and seat back angle in the positioning 
procedures for each of the low risk deployment tests, including the 
infants in RFCRS test option. DaimlerChrysler subsequently petitioned 
the agency, requesting clarification as to whether the infants in RFCRS 
test option, under the requirements of S19.3 of FMVSSS No. 208, is 
performed with the seat in the full forward position only, or in the 
full forward, middle, and full rearward positions.
    DaimlerChrysler claimed that there is an inconsistency in the 
seating position requirements of the General Provisions of S20.1.2 and 
the low risk deployment test procedure specified in S20.4.1. Section 
20.1.2 states that certification is required at full forward, middle 
and full rearward positions. S20.4.1, which is under the low risk 
deployment test procedure, simply specifies a full forward position. 
DaimlerChrysler recommended that if it is the agency's desire to 
perform the low risk deployment test in the full forward position, the 
agency should place the phrase ``unless otherwise specified'' into 
S20.1.1. This would be consistent with the regulatory text covering the 
3-year-old low risk deployment test in S22.1.2.
    We do not believe there is any inconsistency between the general 
seating positioning procedures and the low risk deployment tests. 
Although S20.1.2 does not make the qualifying statement, ``unless 
otherwise specified,'' S20.1.9, Seat set-up, does. However, in order to 
alleviate confusion, we are amending S20.1.2 to include the phrase 
``unless otherwise specified.'' The text in S20.1.2 is now consistent 
with S22.1.2 and S24.1.2, which specify seat track positions in the 
General Provisions for the requirements using the 3-year-old and 6-
year-old, respectively.
    In light of the petitioner's confusion, the agency is also amending 
S20.4.9, which specifies the required seating position for the 64 km/h 
(40 mph) indicant test. It may have been unclear from the text in the 
December 2001 final rule that the indicant test is to be performed in 
the rearward facing position at the full forward, middle, and full 
rearward seat positions. In the December 2001 final rule, the position 
reference in S20.4.9 was changed from S20.2.1 to S20.4. This change 
served to emphasize that only the rearward facing position of the CRS 
is necessary for the 64 km/hr (40 mph) indicant test. However, this had 
the inadvertent effect of limiting the indicant test to only the full 
forward position of the seat. This was not our intent. Therefore, 
S20.4.9 is amended to reference S20.4 for the dummy positioning and 
S20.2.1 for the seat track positions; full forward, middle, and full 
rearward.

C. Low Risk Deployment Test Procedure--Seat Track Position

    We are denying the petition to amend the seat track position 
requirements for the low risk deployment 26 km/h (16 mph) indicant test 
under S22.5. The Advanced Air Bag Rule specified the use of the 50th 
percentile adult male test dummy in the mid-track position. The 
December 2001 final rule amended the passenger side requirement to a 
5th percentile adult female test dummy seated in any track position. 
The agency stated that it did not want ``manufacturer's to rely on seat 
track based systems to assure a low risk deployment at speeds up to 26 
km/h (16 mph).'' 66 FR 65376, 65393.
    The Alliance again petitioned the agency to amend S22.5 so that for 
systems that do not rely on seat-track-based sensors to determine the 
air bag deployment stage, the low risk deployment 26 km/h (16 mph) 
indicant test would only be performed at the mid-track position. The 
Alliance stated that for such systems, testing in all positions was 
superfluous.
    There is not sufficient reason to grant Alliance's request. The 
test is done simply to determine the stage of air bag deployment and is 
not required to have an instrumented dummy. If a manufacturer's system 
is not affected by seat track position, then the seat position will not 
influence the air bag deployment stage(s), and only a single test would 
be needed.

V. Test Dummy Positioning Procedures

A. Left Foot--5th Percentile Adult Female Test Dummy (Barrier Test)

    We are clarifying the guidance for pedal interference with the 
dummy's left foot by establishing a prioritized list of avoidance 
positioning and we are extending this guidance to avoiding undesirable 
contact with the foot rest. The December 2001 final rule amended the 
driver's left foot positioning requirement for the 5th percentile adult 
female test dummy under FMVSS No. 208, by stipulating that the foot 
must not be placed on the foot rest or wheel-well projection. 
Mitsubishi, Honda, and Toyota have further petitioned the agency 
regarding procedures for positioning the left foot of the 5th 
percentile adult female test dummy in the barrier test. Mitsubishi, 
Toyota, and Honda recommended revisions to the placement of the left 
foot.
    Mitsubishi and Honda petitioned the agency to allow the left foot 
of the dummy to be placed on the foot rest in the frontal barrier test, 
just as the 50th percentile adult male dummy's foot is placed in the 
frontal barrier test. Toyota suggested a revision to S16.3.2.2.3 to 
avoid a conflict between the knee and foot positions.
    Honda stated that if, because of the variability of the knee 
positioning, a small part of the left foot sits on the foot rest there 
will be an increase in chest and femur loads due to ankle rotation. 
Honda additionally stated that if positioning resulted in the left foot 
resting on the foot rest, ``it is not natural or reasonable that the 
foot should be moved rearward so that the heel does not contact the 
foot rest.''

[[Page 65183]]

    Mitsubishi requested guidance on what should be done to avoid foot 
rest contact. They stated that the dummy could be rotated about the 
center of the waist area to get the foot off of the foot rest. 
Mitsubishi also requested guidance on what to do if the foot were to 
get caught behind the clutch or brake pedal or between the pedal and 
the foot rest.
    Toyota stated that placing the left knee ``the same distance from 
the midsagittal plane of the dummy as the right knee,'' as specified by 
S16.3.2.1.8, would naturally position the left foot on the foot rest. 
However, according to S16.3.2.2.3, the left foot is not to be placed on 
the foot rest. Toyota stated that priority should be given to 
positioning the dummy so that the left foot is not on the ``wheel-well 
projection or foot rest.''
    We have determined that further guidance is required as to the 
necessary action to be taken if foot rest/wheel well contact occurs. 
The regulatory text, in S16.3.2.2.5, does give guidance on what to do 
if pedal interference occurs. We are clarifying the guidance on pedal 
interference and extending it to foot rest contact.
    Currently, to avoid pedal contact, the foot may be rotated and, if 
necessary, the leg may be rotated at the hip. Although rotation of the 
foot and hip may be effective at clearing contact with the pedals, in 
vehicles with a small space between the pedal and foot rest, this 
action may lead to contact with the foot rest. However, an effective 
means of clearing both pedal and foot rest/wheel well contact may be to 
fit the foot under the pedal. To achieve this, the ankle joint may need 
to be extended such that the toes are closer to the toe pan.
    We are establishing a prioritized list of three foot positioning 
adjustments to clear the undesirable contact. In order, starting with 
highest priority, the first is foot rotation (adduction/abduction), the 
second is ankle joint extension (foot plantar flexion), and the third 
is leg rotation at the hip. Each subsequent adjustment allows all 
previous adjustments.
    For some vehicles there may be no position which totally avoids 
pedal and foot rest contact. For these situations, pedal avoidance has 
priority. This may, in some small percentage of vehicles, force the 
foot to rest partially on the foot rest. Although some petitioners 
wished to avoid such positioning, the only other alternative would be 
to force foot positioning on the entire foot rest. However, we believe 
that this is a more unnatural position than partial foot rest contact.

B. Right Foot--5th Percentile Adult Female Test Dummy (Barrier Test)

    Autoliv petitioned the agency to provide guidance on instances 
where the driver's right foot cannot reach the floor when positioned 
according to S16.3.2.2. Autoliv stated that one solution would be to 
lower the seat, but that this may not work for all vehicles. The Ford 
RFI also indicated that there are some Ford models where the driver's 
right heel cannot touch the floor while maintaining the specified 
contact with the accelerator.
    Autoliv's request for guidance has merit; however, the agency does 
not believe that lowering the seat is an acceptable solution for any 
vehicle. To address the situation where the heel cannot initially 
contact the vehicle floor, the agency is amending the compliance test 
procedure to allow for the extension of the lower leg towards the 
accelerator pedal rather than leaving the leg hanging vertically. For 
the situation where the heel can initially contact the floor, but 
cannot maintain contact and reach the pedal, lower leg extension with 
the heel leaving the floor is also the preferred position. If the final 
position results in the heel being off of the floor, a spacer block is 
to be used to support the foot.

C. Chin-on-Steering Wheel Test Procedure

    The Advanced Air Bag Rule adopted a low risk deployment test to 
address the risk air bags pose to out-of-position drivers, particularly 
those of small stature. The test is performed using two ``worst case'' 
positions: placing the dummy's chin on the module and placing the 
dummy's chin on the steering wheel. The December 2001 final rule 
amended S26.3.7 of FMVSS No. 208 to specify a point on the dummy's 
chin, which is to rest on the upper most point of the steering wheel, 
to adequately ensure that the dummy's chin would not catch on the 
steering wheel.
    Volkswagen stated that the December 2001 amendments to S26.3.7 
introduced additional steering wheel adjustment that could 
significantly affect the stringency of the test because of the lower 
position. They believed that there was no justification presented for 
the change and petitioned to amend the test as prescribed under the 
Advanced Air Bag Rule.
    We believe the change in steering wheel position was justified. 
Toyota's petition for reconsideration of the Advance Air Bag Rule asked 
that NHTSA provide a more detailed test procedure to avoid the 
possibility of the dummy chin hooking on the steering rim. As part of 
the response, we provided a well-defined contact point on the chin. 
Another part of the response was to allow for the repositioning of the 
steering wheel, if necessary, to get the chin and steering wheel to the 
proper relative position. Volkswagen stated that this change could 
result in more stringent requirements, yet as the agency stated in the 
December 2001 preamble, ``(t)he purpose of the chin-on-rim test is to 
determine the risk of injury when a person's chest is directly in the 
path of the deploying air bag.'' (66 FR 65376, 65396.) The goal has 
always been to test in the worst-case configuration.
    Autoliv stated that they were concerned that lowering the steering 
wheel to position the rim for contact with the dummy chin may pin the 
occupant in place, affecting the dummy injury readings. Autoliv 
petitioned the agency, asking for clarification on the amount of 
``effort'' that should be exerted in positioning the steering wheel if 
contact occurs with the dummy legs. Ford raised similar concerns in 
their RFI. Autoliv also requested clarification on whether the agency's 
intent was to allow angular adjustment of the steering wheel, and, if 
adjustment other than angular adjustment of the steering wheel is 
allowed, what is the order of adjustment.
    In response to the question raised by Autoliv, S26.3.7 is amended. 
The regulatory text will now limit adjustment to positions that would 
not cause contact between the dummy legs and steering wheel. This is 
consistent with the dummy positioning in the rigid barrier test, which 
uses the 5th percentile adult female test dummy (S16.3.2.1.8).
    Conversely, clarification is not necessary in the regulatory text 
related to the allowable types of steering wheel adjustment. S26.3.2 
indicates that the geometric center of the entire range of steering 
wheel adjustments is to be found. Therefore, when positioning the 
steering wheel to comply with S26.3.7, the tester is not limited to 
angular adjustment. Further, it is not necessary to specify the order 
of adjustment. Although it may be technically correct that the point of 
contact on the steering wheel may not be unique, i.e., there may be a 
line of potential contact points, we believe the variation in the 
steering wheel orientation will be quite small.
    Mitsubishi stated that the preamble to the December 2001 final rule 
appears to state that the initial thorax instrument cavity rear face 
angle should take precedence during dummy position, but further on in 
the preamble it appears

[[Page 65184]]

that keeping the dummy parallel to the steering wheel angle should take 
precedence. Mitsubishi requested clarification on what should take 
precedence during dummy positioning.
    With respect to Mitsubishi's comment, positioning the thorax 
instrument cavity rear face 6 degrees forward of the steering wheel 
angle is the methodology prescribed to ensure that the dummy torso is 
parallel to the steering wheel.

D. Head-on-Instrument Panel Test Procedure

1. Test Dummy Height
    S22.4.3.4 and S24.4.3.4 of FMVSS No. 208 were modified in the 
December 2001 final rule so that, as a dummy is pushed forward, the 
height of the dummy must be maintained. (66 FR 65394.) Autoliv and BMW 
commented that requiring the dummy's height to be maintained as it is 
pushed forward did not make sense until the dummy leaves the seat. 
Clearly, to the extent that a seat is not a horizontal flat surface, 
the dummy height will change until it loses contact with the seat 
cushion. The preamble to the December 2001 final rule was silent on the 
reason for this restriction. Therefore, S22.4.3.4 and S24.4.3.4 are 
amended to indicate that dummy height is to be maintained from the 
point the dummy loses contact with the seat cushion.
2. Torso Positioning
    S22.4.3.4 and S24.4.3.4 were also modified in the December 2001 
final rule by adding the restriction that, as the dummy is pushed 
forward the angle of the thigh with respect to the horizontal had to be 
maintained. (66 FR 65376, 65394.) This was in response to a petition 
for reconsideration from Honda, in which Honda stated that the leg 
position could affect the dummy measurements. Also in response to the 
Advanced Air Bag Rule, Volkswagen and DaimlerChrysler recommended that 
the dummy femurs be kept parallel to the floor pan.
    The preamble to the December 2001 final rule contained statements 
that seemed to contradict each other. First, the agency stated that we 
were rejecting the recommendations of Volkswagen and DaimlerChrysler. 
(66 FR 65376, 65395.) Then we stated that head contact with the IP is 
critical, even if the legs must be rotated out of the horizontal 
plane.\2\ The preamble then stated that dummy torso rotation could 
result in a relatively severe leg angle, as measured against the 
pelvis, but ``we believe it is more critical that the head contact the 
(IP) than that [the leg] angle remain constant.'' (66 FR 65376, 65395.) 
The first statement implies that which if the appropriate head position 
requires the femur to rotate out-of-position with respect to the 
horizontal plane, this is acceptable. The second statement implies that 
if the torso to femur angle must become severe in order to 
simultaneously provide the appropriate head position while maintaining 
leg position with respect to the horizontal plane, this is acceptable. 
The December 2001 final rule amended the regulatory text to reflect the 
second statement in that it required the femur angle with respect to 
the horizontal plane to be maintained.
---------------------------------------------------------------------------

    \2\ Although the preamble made reference to the horizontal plane 
(66 FR 65376, 65395), the regulatory text did not require that the 
thighs be in this plane. Rather, it was required that the thighs 
maintain their position with respect to the horizontal plane (66 FR 
65376, 65416 and 65418).
---------------------------------------------------------------------------

    In their petitions for reconsideration of the December 2001 final 
rule, Toyota and BMW commented that requiring the thigh position to be 
maintained under the positioning procedures of S22.4.3.5 and S24.4.3.5 
was not possible because of the molded hip joint of the dummies. We 
have determined that in some vehicles, as indicated by the Toyota and 
BMW petitions, the required angle between the torso and the femurs is 
too small for the dummy to physically accommodate because of 
insufficient articulation. Therefore, we are amending the regulation so 
that the femurs may be released from their horizontal constraints to 
achieve the appropriate head position, if a specific condition is met. 
The orientation of the legs is to be maintained with respect to the 
horizontal until a force on the dummy torso of 222 N (50 lb) is 
reached. At that point the legs are allowed to rotate about their point 
of contact with the seat. If the legs have already lost seat contact or 
lose seat contact during the process of leg rotation, the entire dummy 
is constrained to rotate about its H-point. The 222 N (50 lb) force 
specification was selected because it is less than the 311 N (70 lb) 
force specified in S22.4.3.6 and S24.4.3.6 that can be used to keep the 
dummy in place.

E. Hand Positioning

    Under S22.4.2.2.3, S22.4.3.2.3, S24.4.3.2(c), S26.2.4.5, and 
S26.3.4.5, test dummies are to be positioned with their hands ``in 
contact with the thighs.'' Autoliv petitioned for the positioning text 
to require hands be placed ``beside the thighs.'' Autoliv stated that 
they do not believe it is possible to place the hands in contact with 
the thighs without using tape or some other method.
    In conducting compliance tests, the agency has not experienced the 
problem described by Autoliv and no other comments were made related to 
this issue. The problem could be an anomaly in the Autoliv dummy 
related to wrist joint interference with the dummy skin. As such, we 
are denying Autoliv's petition with respect to amending the language on 
dummy hand positioning.

VI. Planes, Points, and Definitions

A. Plane B

    Based on issues raised by a petitioner, we are amending the dummy 
seating positioning procedures for the 5th percentile adult female 
dummy and Plane B for child safety tests to reference the SgRP. As 
finalized in the December 2001 final rule, S16.3.1.10 (general 
provision for the 5th percentile adult female dummy seating positioning 
procedures) and S20.1.10 (general provision of the test procedure for 
the requirements to provide protection for infants in rear facing and 
convertible child restraints and car beds) of FMVSS No. 208 used the 
seat cushion centerline as a reference (Plane B). The December 2001 
final rule defined the longitudinal centerline as being at the center 
of the widest part of the seat cushion. In their petition, Mitsubishi 
stated that for asymmetric seat cushions the centerline will not pass 
through the seat back centerline, and that the difference can be 
significant. They further stated:

    (T)he offset dummy position created by positioning the test 
dummy based on the centerline of an asymmetric seat cushion can 
cause the test dummy to shift as the vehicle is towed toward the 
barrier, which could adversely affect test repeatability. (Docket 
No. NHTSA 2001-11110-2.)

Mitsubishi recommended that for bucket seats the seat back centerline 
should be used as the reference, but the diagrams they submitted used 
the SgRP as the reference point. The Ford RFI also requested that 
S16.3.1.10, under the general provisions for the 5th percentile adult 
female test dummy seating positioning procedures, be amended to 
reference the SgRP for bucket seats.
    The Advanced Air Bag Rule used ``the center of the seat cushion'' 
to position the 5th percentile female test dummy in the rigid barrier 
test and Plane B in the child protection tests. In the Mitsubishi 
petition for reconsideration of the Advanced Air Bag Rule, it asked for 
clarification on dummy position relative to the center of the seat 
cushion. Also in response to the Advanced Air Bag Rule, Toyota 
petitioned for Plane B to reference the seat's H-point. In the agency's 
December 2001 response to clarify the reference point, we defined

[[Page 65185]]

the center of the seat as being determined at the widest part of the 
seat cushion. We stated that we rejected Toyota's petition because the 
difference in lateral position between the H-point and the center of 
the seat, as we were defining it, would not be significant.
    We believe that the current Mitsubishi petition raises a valid 
issue, and are amending the definition of the longitudinal centerline 
of a bucket seat cushion, which is used in the dummy seating 
positioning procedures (sometimes by reference to Plane B) for the 5th 
percentile adult female dummy and the positioning procedures for 
advanced air bag tests with a CRS. The amended definition now 
references the seating reference point (SgRP). There are current seat 
designs that lack symmetry, both in terms of seat cushion and seat 
back. This may become even more common with the proliferation of seat-
mounted side air bags and seats with fully integrated belts. The 
argument that the difference between the middle of the widest part of 
the seat and the center of the designated seating position (H-point or 
SgRP) is not significant may not be valid with some current and future 
seat designs.
    It is the agency's intent to have the 5th percentile adult female 
test dummy and the CRS placed in a normal lateral position. Therefore, 
S16.3.1.10 under the dummy seating positioning procedures for the 5th 
percentile adult female test dummy and S20.1.10 under the test 
procedures for the child safety tests are amended, for bucket seats, to 
reference the SgRP, which the manufacturers will provide to the agency.
    We recognize that the amendments made to the barrier test that uses 
the 5th percentile adult female test dummy may be appropriate for 
incorporation into the barrier tests that use the 50th percentile adult 
male test dummy. However, as stated above, we also recognize the time 
sensitive nature of the petitions for reconsideration and the need to 
address the issues raised in those petitions. Therefore, we are not at 
this time incorporating such amendments into the barrier test that uses 
the 50th percentile adult male dummy, but may consider such changes at 
a later date.

B. Plane D and Plane C

    ``Plane D'' and ``Plane C,'' which are used to position test 
dummies in the out-of-position test procedures, are redefined to 
reference an axis based on the volumetric center of the folded and the 
volumetric center of the static inflated air bag. The December 2001 
final rule had defined ``Plane D'' and ``Plane C'' by referencing the 
``geometric center of the opening through which the air bag deploys. `` 
The agency stated in the preamble of the December 2001 final rule that 
``[t]his would not necessarily be the same as the geometric center of 
the air bag cover. Rather, it would be the geometric center of whatever 
frame or casing is used to allow the air bag to deploy in a controlled 
manner.''
    Toyota and Volkswagen petitioned the agency as a result of a lack 
of clarity with the regulatory text. The Ford RFI also asked for 
clarification on the target point as contained in S26.2 (driver out-of-
position test Position 1--Chin on Module). Toyota asked if the 
geometric center is to be measured for the tear seam of the air bag 
door or for the opening through which the air bag deploys. Ford asked 
if the geometric center should be ``determined in three-dimensional 
space,'' or ``from a projection of the opening to a single plane 
parallel to the steering wheel rim or to the airbag reaction surface.'' 
Ford continued:

    If the cover of the airbag is ``adaptive'' to differing 
conditions; e.g. varying deployment path dependent upon resistance 
to bag opening, which ``opening'' should be used: the ``opening'' 
common to a normal deployment or the anticipated ``alternative 
opening'' for low risk deployment conditions?

    Both Toyota and Volkswagen recommended amended language to clarify 
the reference point. Toyota suggested that the phrase of interest be 
changed to the ``point where the air bag door intersects the horizontal 
line traveling through the center point of the inflator.'' Volkswagen 
stated that in order to make the identification of the target point 
more objective in the 3-year-old and 6-year-old dummy tests, the 
regulatory text describing the target point should be amended to read 
the ``point determined by the perpendicular projection onto the 
instrument panel of the geometric center of the opening in the inflator 
module through which the air bag deploys into the occupant 
compartment.''
    We agree that the regulatory text adopted in the December 2001 
final rule is not sufficiently objective, and are establishing an 
objective method to transfer a point onto the air bag cover. The agency 
considered several methods for identifying this point and is adopting a 
method that relies on the volumetric center of the folded air bag and 
the volumetric center of the static inflated air bag (Static Inflated 
Air Bag Method).
    One method considered was the use of high-speed film or video of 
the deploying bag in a static environment and without test dummies 
present to determine an axis of air bag deployment. However, in some 
cases the bag may not deploy in a uniform or repeatable manner, 
resulting in an unacceptable level of variability in the target point. 
Additionally, we have observed deployments where the cover deflects the 
bag and causes it to initially squeeze out along an axis away from the 
occupant towards the vehicle floor pan. This would result in a very low 
target point.
    In developing a reference, our initial assumption was that the 
target point should be located somewhere on the air bag cover surface 
because the test dummy would be in a position to either be struck by 
the deploying air bag cover or by the air bag pushing through its cover 
into the passenger compartment. A target line could be defined as the 
intersection of a vehicle's vertical longitudinal plane, which bisects 
the air bag laterally, and the portion of the air bag cover surface 
that is displaced during air bag deployment. The target point would 
then be the mid-point of the target line. While this may be a 
relatively simple determination for a rigid door-type cover, it would 
be difficult for a flexible flap-type configuration because the portion 
of the cover displaced during deployment is hard to define. Also, the 
mid-point of the intersection of the air-bag cover with the vehicle 
longitudinal plane may have no relationship to the path the air bag 
takes when deploying.
    Another method considered for defining the target point was to 
determine the unobstructed deployment path of the air bag into the 
passenger compartment (Clear Deployment Path Method). Toyota's 
recommendation for revision to the target point location involved the 
intersection of an imaginary axis or ``axis of deployment,'' with the 
outer surface of the air bag cover. Toyota recommended that the axis of 
deployment be defined by the centerline of the air bag inflator. This 
does not work well if the inflator is remotely located with respect to 
the air bag.
    We have determined that a technique similar to the Clear Deployment 
Path Method is best for determining the target point. The technique 
adopted in this document, the Static Inflated Air Bag Method, is 
similar to the Clear Path Deployment Path Method in that the reference 
axis passes through the volumetric center of the folded air bag, but 
differs by also using the volumetric center of the static inflated air 
bag. Determination of the direction of the deployment axis is done by 
blocking the air bag vents and inflating the air bag. For air bags that 
vent through the bag

[[Page 65186]]

material, it may be necessary to seal the material to reduce the 
venting. The volumetric center of the static fully inflated air bag is 
the second point that the deployment axis passes through.
    The intersection of this reference axis and the surface of the dash 
board or steering wheel hub is the point used to line-up the dummy for 
the low risk deployment tests. When marking a target point at this 
intersection, we will allow a tolerance of +/-6 mm (+/-0.2 in). A 
reference point on the dummy is aligned with vertical and horizontal 
planes that pass through the previously defined dash board or steering 
wheel hub target point. We will allow the reference planes a tolerance 
of +/-10 mm (+/-0.4 in) about the target point. This is in recognition 
that the target point placement on the dash board or steering wheel hub 
will have inherent variability as will the placement of the dummy 
reference point on the target.
    Key to this method is that the air bag must be inflated with 
sufficient pressure that no additional pressure alters the location of 
the center of volume. In addition, the inflated air bag must be 
stationary. Thus, it may be necessary to dampen any inherent 
oscillation. In reality, the agency anticipates that manufacturers will 
provide the target point based on their computer based drawings of the 
air bag system and surrounding structure.
    The Static Inflated Air Bag Method provides a more objective 
procedure and more clearly defines the previous intent of the agency 
when it specified the ``opening through which the air bag deploys.'' 
Furthermore, the Static Inflated Air Bag Method does not have the major 
disadvantages of the other methods discussed.
    The agency will monitor the deployment path of air bags using high-
speed cinematography during compliance and research test programs to 
confirm that our method continues to adequately represent the 
trajectory of the air bag itself.

C. Point 1 (Low Risk Deployment Test)

    The December 2001 final rule redefined the location of ``Point 1'' 
to place it in a location relative to the upper edge of the chest 
jacket rather than the center of the chest/rib plate. (``Point 1'' is a 
point on the child dummy's chest used for positioning the dummy in the 
low risk deployment tests under S22.4 and S24.4.) Toyota stated that 
the new location of ``Point 1'' on the flexible jackets of the 3-year-
old and 6-year-old dummies will result in variability. Further, they 
petitioned that because this change was made without sufficient notice, 
the regulatory text should revert back to that specified in the 
Advanced Air Bag final rule.
    In the preamble to the December 2001 final rule we decided against 
measuring ``Point 1'' relative to fixed hardware because we determined 
that degree of specificity is not required, and also there is very 
little exposed fixed hardware from which to reference. While the chest 
jacket moves about the dummy's ribcage the upper edge of the chest 
jacket remains in largely the same location, making it a preferable 
point of reference. (66 FR 65376, 65395.) Furthermore, ``Point 1'' was 
defined in the Advanced Air Bag Rule using the chest/rib plate, but was 
redefined to address concerns raised by manufacturers' during the 
December 2000 technical workshop. Based on the above, we are denying 
Toyota's petition to amend the definition of ``Point 1.''

D. ``Air Bag System''

    DaimlerChrysler requested clarification of two issues pertaining to 
the phrase ``deploy the right front outboard frontal air bag system,'' 
as it appears in the test procedures for the low risk deployment tests 
(S20.4.9, S22.4.4 and S24.4.4). First, DaimlerChrysler asked if it is 
the agency's intent to have, in addition to the air bag, other 
pyrotechnic devices such as seat belt pretensioners, inflatable seat 
belts, inflatable knee bolsters, etc. also deploy. Second, they point 
out that if the reference to ``right'' air bags is intended to signify 
passenger-side air bags, this would not be appropriate for right hand 
drive vehicles.
    While neither ``air bag [system]'' or ``inflatable restraint 
[system]'' is defined in FMVSS No. 208 or any other place in 49 CFR 
Part 571, the intent of the term ``air bag'' is to describe the 
components that make up the passenger-side dash-mounted and driver-side 
steering wheel hub-mounted, inflatable restraints used for occupant 
protection in a frontal impact. This does not refer to any other 
pyrotechnic system such as a belt pretensioner or inflatable knee 
bolster. We are not aware of other pyrotechnic devices contemplated for 
vehicles in frontal impacts, such as inflatable belts or inflatable 
seat components intended to reduce occupant submarining, but such 
devices would not be included in the term ``air bag.''
    The agency has no data on the effect deploying devices other than 
the frontal air bag will have on the Advanced Air Bag Rule low risk 
deployment test procedure. Nor do we have any data on the performance 
of any of these other pyrotechnic devices for out-of-position occupants 
in the field. We are concerned that inflatable knee bolsters could 
negatively impact the repeatability of the low risk deployment tests, 
even though they would inflate in a real crash. Only the infant low 
risk deployment test is conducted with the seat belt fastened. 
Accordingly, any inflatable restraints incorporated into the seat belt 
should not impact the test. In order to maximize repeatability, we have 
decided that only the frontal air bag should be deployed in the low 
risk deployment tests. More specifically, only the dash or steering 
wheel mounted air bag should be deployed in these tests. We do not 
believe that the regulatory text should be amended to specify this 
because there may be a future frontal air bag mounting location other 
than the dash or steering wheel.
    The agency also notes that for the suppression option, only the 
frontal air bag (dash or steering wheel mounted) should be suppressed. 
Again, we have no data to determine if other pyrotechnic devices should 
be suppressed in the suppression compliance option. These other devices 
should be suppressed at the option of the manufacturer, who should be 
in a position to determine the relative merits of suppression or 
deployment.
    The DaimlerChrysler petition also indicated a concern with the 
reference to the ``right front outboard frontal air bag'' in S20.4.9, 
22.4.4, and 24.4.4. The more appropriate term and the term used 
elsewhere is ``passenger air bag.'' Accordingly, we have replaced 
``right front outboard'' with ``front outboard passenger'' in these 
sections. For consistency the regulatory text has also been amended to 
replace the term ``left front outboard frontal air bag'' with ``driver 
frontal air bag'' in S26.4.

VII. Miscellaneous Issues

A. Separation in Test Speed Between the Low Risk Deployment Indicant 
and the Unbelted Barrier Test

    DaimlerChrysler petitioned the agency to amend FMVSS No. 208 such 
that a 14 km/h (9 mph) separation exists between the low risk 
deployment indicant test (S22.5) and the Unbelted Barrier Test 
(S5.1.2(b) and S16.1(b)). The petition is denied. DaimlerChrysler had 
previously requested similar amendments in comments to the 
Supplementary Notice of Proposed Rulemaking (SNPRM) (64 FR 60556; 
November 5, 1999) and comments to the Advanced Air Bag Rule.\3\
---------------------------------------------------------------------------

    \3\ See, DaimlerChrysler's comments and petitions at NHTSA-1999-
6407-44 and NHTSA-2001-11110-7.
---------------------------------------------------------------------------

    In the SNPRM, the agency proposed a 29 km/h (18 mph) indicant test. 
We

[[Page 65187]]

further proposed a minimum unbelted test speed of 29 km/h (18 mph) and 
stated we were considering a maximum unbelted test speed of between 40 
and 48 km/h (25 and 30 mph). In DaimlerChrysler's comments to the 
SNPRM, it requested that the only unbelted test speed should be 40 km/h 
(25 mph). It further commented that the indicant test should be at a 
speed of 24 km/h (15 mph) so that a 16 km/h (10 mph) ``gray zone'' 
would exist between the two tests. DaimlerChrysler and other commenters 
stated that there was a conflict between meeting the low risk 
requirements and meeting the unbelted rigid barrier test with the 50th 
percentile adult male test dummies.
    Air bags designed to vary their performance in response to sensed 
differences in crash severity or other conditions have a range of 
conditions in which the air bag changes from one level of performance 
to another; i.e. ``gray zones.'' At very low speeds, there may be 
uncertainty within a gray zone about whether the air bag will deploy or 
not deploy, and at higher speeds, there will be uncertainty about which 
level of performance will be triggered. Manufacturers stated that in 
many cases a first stage air bag that would not harm children would not 
be sufficient to satisfy the injury criteria performance limits for the 
50th percentile adult male test dummy in a test at 40 km/h (25 mph) and 
may be insufficient to certify compliance in a 29 km/h (18 mph) test. 
In response to DaimlerChrysler and other commenters, the Advanced Air 
Bag Rule reduced the indicant test speed to 26 km/h (16 mph) and 
selected a speed range for the unbelted test of 32-40 km/h (20-25 mph). 
In the preamble to the Advanced Air Bag Rule we stated that we believed 
the speed difference (6 km/h gray zone) should be sufficient to resolve 
manufacturers' concerns.
    In DaimlerChrysler's petition for reconsideration to the Advanced 
Air Bag Rule, it once again requested additional separation between the 
indicant and low risk deployment tests. On this occasion the request 
was reduced to 14 km/h (9 mph) of separation. The basis for its request 
was the same as when it commented on the SNPRM. In the preamble of the 
December 18, 2001 final rule, the agency stated that DaimlerChrysler 
was basically arguing again for an unbelted test speed of 40 km/h (25 
mph) and denied the petition. However the December 2001 final rule did 
limit the test dummy size for the indicant test on the passenger side 
to the 5th percentile adult female test dummy. We stated:

    Thus, if a vehicle manufacturer faces a situation where 
deployment of both stages of a dual stage air bag is necessary to 
meet the unbelted barrier test requirements for 50th percentile 
adult male dummies in a 32 km/h (20 mph) crash test, and, because of 
gray zone issues, it is possible that both stages may fire in a 26 
km/h (16 mph) crash, the manufacturer can design its air bag system, 
using occupant recognition technology, so that only the first stage 
will fire in the presence of 5th percentile adult female dummies in 
crash tests at these severity levels. (66 FR 65376, 65384.)

    In DaimlerChrysler's petition for reconsideration to the December 
2001 final rule, it again requested additional test speed separation 
and repeated its desire for a 14 km/h (9mph) separation. It also stated 
that the agency misinterpreted DaimlerChrysler's petition to the 
Advanced Air Bag Rule, in that an unbelted test speed of 40 km/h (25 
mph) was only one potential result of a 14 km/h (9mph) test speed 
separation. It gave the example of conducting the low risk deployment 
indicant test at 23 km/h (14 mph) with a minimum test speed for the 
unbelted test of 37 km/h (23 mph). It further stated that using the 5th 
percentile adult female test dummy in the indicant test provides no 
relief because the problem at hand is one of crash severity sensing and 
not occupant classification.
    The agency may have provided a single interpretation of 
DaimlerChrysler's previous petition for a 14 km/h (9 mph) separation 
request by viewing it as a request for a 40 km/h (25 mph) unbelted 
test. But given an unbelted test of 40 km/h (25 mph), any other 
interpretation that keeps the minimum unbelted test below 40 km/h (25 
mph) would result in a low risk deployment indicant test speed of less 
than 26 km/h (16 mph).
    The NPRM for the Advanced Air Bag Rule (63 FR 49958; September 18, 
1998) proposed 32 km/h (20 mph) as the impact speed for the low risk 
deployment indicant test. The SNPRM proposed 29 km/h (18 mph) and the 
Advanced Air Bag Rule required 26 km/h (16 mph) for the low risk 
deployment indicant test. Any further reduction in the indicant test 
speed may result in a further reduction in the benefits to children and 
adults who happen to be out-of-position in a crash above this threshold 
speed. This reduction may create the situation where no bag deploys 
during the indicant test.
    DaimlerChrysler's petition provides no new information and makes no 
new arguments related to the issue of an appropriate ``gray zone'' 
separating the low risk deployment indicant test and the unbelted test. 
Therefore, DaimlerChrysler's petition is denied.

B. Test Procedures for Automatic Suppression Requirements (Belt 
Cinching)

    In compliance testing for the automatic suppression features with 
CRSs under S20.2, S22.2, and S24.2, the belted tests require the seat 
belt to be cinched down at 134 N (30 lb) as measured at the outboard 
section of the lap belt. Some manufacturers place a button (latchplate 
button) on belts, which can prevent the belt from being cinched down to 
the required level. These buttons are placed on belts to keep the 
buckle from sliding down on the unsecured belt, ensuring that the 
latchplate remains accessible by restricting the movement of the 
latchplate on the seat belt. In the December 2001 final rule, we stated 
that:

    While we are not adding a provision to the regulatory text, we 
do intend to remove the plastic button if it prevents us from 
reaching a 134 N (30 lbf) force. This button is not required under 
any Federal motor vehicle safety standards. (66 FR 65376, 65389.)

DaimlerChrysler petitioned the agency to require that no compliance 
test procedure detailed in S20.2, S22.2, or S24.2 allow the removal of 
latchplate buttons. DaimlerChrysler claimed that this button is 
necessary to meet the requirement of S7.4.4, Latchplate access, of 
FMVSS No. 208, and that testing requiring the removal of the button 
``may force manufacturers to certify to a non-saleable condition.''
    DaimlerChrysler's petition with regard to the latchplate button is 
denied. It is critical to achieve the cinch down load of 134 N (30 lbf) 
in order to test the suppression systems in what we have found to be a 
real world configuration. Keeping the latchplate button (or webbing 
loop in the case of GM vehicles) will, in some instances, not allow 
this force to be achieved. However, for many vehicles the button is not 
a problem. Removing the button to allow achievement of the required 
cinch down load allows for the agency to have a more objective 
requirement.
    Further, removal of the button for suppression testing does not 
result in vehicle certification in a ``non-saleable condition.'' Many 
other test procedures in the FMVSSs require modifications to the 
vehicle as a specific aspect of performance. For example, FMVSS No. 
207, Seating systems, requires bracing to be added between the seat 
base and seat back before pulling on the seat to test the strength of 
the seat anchorage to the vehicle. The cinch force required for the 
suppression test is to test a ``worst case scenario,'' and removal of 
the latchplate button simply allows the belt to be

[[Page 65188]]

cinched to force levels that reflect this scenario.

C. Appendix A of FMVSS No. 208

    The Alliance, with emphasis added from Mitsubishi, Volkswagen, and 
Porsche, petitioned for changes to Appendix A of FMVSS No. 208. 
Appendix A lists which car beds and CRSs the agency may use to test the 
suppression system of a vehicle. The Alliance, Volkswagen, and Porsche 
requested that the list include the production dates for the CRSs. The 
Alliance stated that alterations to the CRS list should only be made if 
the alteration will affect certification of a vehicle. Mitsubishi, 
Volkswagen, and Porsche believe that surrogate devices being developed 
at UMTRI should replace the list of CRSs as soon as possible. 
Mitsubishi requested a 2-year phase-in for changes to Appendix A and 
stated that it believes FMVSS No. 213, Child restraint systems, could 
specify the weight and shell dimensions of CRSs. However they have not 
petitioned to have FMVSS No. 213 amended.
    As noted earlier, Evenflo has also petitioned the agency to remove 
certain Evenflo seats from Appendix A and replace them with newer, 
LATCH models. Evenflo states that the older seats should be removed 
because only LATCH seats have been manufactured since September 1, 
2002.
    A recent analysis by the agency found that about one fourth of the 
CRSs currently in Appendix A are no longer available. This is 
indicative of the dynamic nature of the CRS industry. Because of the 
nature of this industry, NHTSA has decided to perform an annual review 
of Appendix A with the objective of making appropriate updates. The 
number of CRSs in Appendix A may change slightly as it is updated. This 
is because the review may identify different trends in the use of CRSs 
from prior periods. Because it is impossible to know the nature of 
these trends, we cannot commit to increasing or decreasing the number 
of restraints in Appendix A by a set number. As a general guideline, 
however, we believe the number of CRSs should not vary by more than 10-
20 percent absent dramatic changes in the design of restraints.
    In deciding whether to amend Appendix A, NHTSA will consider a 
number of factors, such as whether a particular restraint has been a 
high volume model, whether it has mass and dimensions that are 
representative of many restraints on the market, whether its mass and 
dimensions represent outliers, and whether a variety of restraint 
manufacturers are represented in the appendix. This approach will allow 
us to limit Appendix A to those restraints that represent large 
portions of the CRS market, while including exceptionally large or 
small restraints. We believe a combination of restraints is needed to 
assure the robustness of automatic suppression systems under real world 
conditions.
    We believe this annual review will serve to maintain a spectrum of 
CRSs in the appendix that are representative of the CRS population in 
production at that time. This routine assessment will ensure that only 
relatively current restraints will be used for compliance testing. It 
will also enable NHTSA to determine the availability of the CRSs and 
determine any change in design, other than those that are purely 
cosmetic. Although NHTSA will review the appendix every year, we may 
not amend it annually. In those years where we tentatively conclude 
that the appendix needs updating, we will publish an NPRM with a 30 day 
comment period. This shorter comment period will allow us to issue a 
final rule expeditiously, reducing the possibility that a proposed 
restraint will no longer be available for purchase on the date of 
publication.
    Even with diligent review of Appendix A, there may be rare 
occasions when a new addition to the list becomes unavailable or 
undergoes a significant design change between the time an amendment is 
proposed and when it is issued as a final rule. Under this limited 
circumstance, the agency would not use the unavailable or altered CRS 
for compliance testing and the manufacturers would likewise be relieved 
of any burden to procure the CRS or use it to test for suppression. 
Conversely, if a CRS becomes unavailable or is altered after 
publication of the list, we will assume that the manufacturer was able 
to acquire the CRS and has it available for certification testing. The 
effect of this requirement is that vehicle manufacturers and NHTSA will 
need to procure all child restraints listed in Appendix A not already 
in their possession when the list is published.
    The preamble to the December 2001 final rule stated that, to 
provide sufficient lead time for vehicle compliance, any future changes 
to Appendix A would have an effective date of one year after 
publication of the amended list. 66 FR 65376, 65390. This means that 
after a new CRS appears in Appendix A, manufacturers would not have to 
certify compliance of their vehicles when using that restraint for a 
full year. We also stated that ``early compliance'' with the amended 
list (as opposed to the previous list) was permissible so long as the 
manufacturer notified the agency that it was exercising this option.
    We are concerned that a two-year lead time could result in a 
greater percentage of the CRSs in Appendix A being removed from 
production before the amended appendix takes effect. Additionally, the 
one-year lead time is consistent with the agency's intent that occupant 
detection systems be robust and able to detect any CRS, including those 
that are relatively new to the market. However, in recognition that 
manufacturers need to know what CRSs will be included as they design 
their new models, we have decided to slightly change our position on 
lead time by making any changes to Appendix A effective for the next 
model year introduced one year after publication of the final rule 
modifying Appendix A. (Consistent with our past practice, for this 
purpose, the model year begins on September 1 of the prior calendar 
year.) This will result in a one to two year lead time. For example, if 
Appendix A were updated March 1, 2004, the revised appendix would 
become effective September 1, 2005, a period of eighteen months after 
publication. We believe this approach will allow manufacturers to tie 
their certification to the automatic suppression requirements with the 
introduction of a new model year.
    However, as explained further below, we are concerned about the 
fact that CRSs with LATCH (Lower Anchors and Tethers for Children) are 
increasingly used in the real world for transporting children. There 
have been no CRSs with LATCH included in Appendix A since the initial 
publication of the May 2000 Advanced Air Bag Rule. Therefore, for this 
final rule, we are taking exception to our future process and are 
requiring that the effective date for the CRSs listed in this notice be 
September 1, 2004.
    The September 1, 2004 effective date for Appendix A should not 
present a problem for manufacturers. By September 1, 2004, LATCH 
attachments will have been required for two years, as established under 
the March 5, 1999 final rule (64 FR 10786). Vehicle manufacturers have 
been aware of the changes to CRSs and should have been testing 
accordingly. Even if the CRSs used for testing by the manufacturers 
were not the models in Appendix A, the LATCH mechanisms should be 
substantially similar. As such, providing less than one year of lead 
time for compliance with the amended appendix is not unduly burdensome.
    We have determined that Alliance's petition for Appendix A to be 
altered

[[Page 65189]]

only when a change to a CRS would affect vehicle certification is not 
practical from either a regulatory or manufacturing perspective. The 
agency's knowledge of particular suppression systems, typically, is not 
sufficient to allow us to make such determinations. Likewise, limiting 
changes to the appendix based on whether a CRS would affect vehicle 
certification could result in manufacturers designing systems that only 
test obsolete restraints. While such a scenario may not prove 
particularly problematic from a compliance perspective, it could prove 
quite risky in the real world. The intent of requiring automatic 
suppression systems to detect the presence of CRSs that are on the 
market is to ensure that the systems actually work in the real world. 
If a change to a CRS were clearly cosmetic, such as color scheme or 
upholstery, the list would not be affected.
    We continue to believe that the CRS surrogates under development by 
UMTRI are insufficiently representative of the CRS market to adopt at 
this time. The surrogates do not attempt to represent dimensional 
outliers. As such, they cannot ensure the robustness of an automatic 
suppression system under real world conditions. Additionally, without 
amending FMVSS No. 213 to require restraints to be dimensionally 
similar to the surrogates, there is no assurance that the surrogates 
will continue to represent even the average dimensions of restraints on 
the market. We have already determined that it is inappropriate to 
amend FMVSS No. 213 to accommodate the requirements of FMVSS No. 208.
    We recognize that Appendix A is not perfect. Indeed, regularly 
updating the appendix is a significant amount of work for the agency. 
Nevertheless, at this time there is no alternative that will test 
whether automatic suppression systems are capable of recognizing those 
child restraints that are likely to be used by the owners of vehicles 
with advanced air bags.
    We do find that the industry request that we identify specific CRS 
production dates has merit. This will allow for a more precise 
identification of which CRSs may be used in compliance testing. 
However, in future amendments, Appendix A will, as a general matter, 
only include the production start dates, since the agency is in no 
position to know, beforehand, when a restraint manufacturer will cease 
production of a particular model. The fact that a particular restraint 
may not be produced for the entire time that it is included in Appendix 
A underscores the need for vehicle manufacturers to procure all 
restraints in the appendix promptly after the revised appendix is 
published. The agency may specify a production end date in an amendment 
to the appendix if a CRS undergoes a significant change without a 
change in the name and model number and the agency wishes to keep the 
older version on the list.
    Beginning in September 2000, vehicle manufacturers were required to 
begin a phase-in of vehicles with child restraint anchorage systems, 
consisting of a tether anchorage and two lower anchorages. (See FMVSS 
No. 225.) CRS manufacturers began selling CRSs with LATCH to utilize 
these vehicle anchorages, and as of September 1, 2002, all CRSs must 
have LATCH. As noted by Evenflo, all child restraints currently 
manufactured, other than booster seats, harnesses, and the car bed, are 
required to have LATCH. Accordingly, the agency believes it is 
imperative to add some LATCH seats to the appendix and to have them 
tested in the next model year. When the amendments made to Appendix A 
in this document are effective, September 1, 2004, CRSs with LATCH will 
have been required for almost two years. To reflect this change in the 
market, two new LATCH CRSs are included in the amended Appendix A. We 
have decided against replacing all of the seats other than booster 
seats and the car bed with new LATCH seats because to do so would 
dramatically amend the appendix and would fail to account for those 
non-LATCH seats still widely in use. As subsequent amendments are made 
to the appendix, these older seats will be replaced to account for 
their decreased presence in vehicles.
    In a related issue, we note that many child restraint manufacturers 
place an expiration date, typically six years, on their seats. Given 
the intent of child restraint manufacturers that the restraints not be 
used after their expiration date, this information will also be 
considered by the agency in Appendix A amendment proposals.
    Appendix A requires that vehicles certified to FMVSS No. 208 S19, 
S21, or S23 and produced between December 18, 2001 and September 1, 
2004 may be tested with one car bed, ten rear facing child restraints, 
seven forward facing child restraints, and four booster seats for a 
possible 22 child restraints. All of the child restraints used in 
testing must be manufactured after December 1, 1999.
    As of September 1, 2004, three of the rear facing child restraints 
will not be used in testing (designated by ``Terminated''), while two 
additional forward facing child restraints are added to the list 
(designated by ``Effective''). Thus, for vehicles produced as of 
September 1, 2004, up to 21 child restraints may be used in testing.

D. Neck and Chest Injury Criteria

    DaimlerChrysler petitioned the agency to use neck injury criteria 
(Nij) only in static out-of-position tests and not in belted and 
unbelted in-position tests. DaimlerChrysler also petitioned the agency 
to use a threshold of 73 g for the 5th percentile adult female test 
dummy chest acceleration.
    In comments to the SNPRM (NHTSA-1999-6407-44) and in a petition for 
reconsideration on the Advanced Air Bag Rule (NHTSA-2000-7013-022), 
DaimlerChrysler asked for this change to the chest acceleration 
performance limit as well as expressed a desire for the elimination of 
Nij from the regulation.
    In the December 2001 final rule, we denied both of 
DaimlerChrysler's petitions. In denying the petition for a 73 g 
threshold, the agency relied on crash tests in which the lower thorax/
abdomen of the 5th percentile adult female test dummy contacted the 
steering wheel rim, producing high chest g measurements and low chest 
deflection. Chest deflection, measured only at the central upper 
thorax, and chest acceleration with a performance limit of 73 g would 
not identify these cases of steering wheel rim contact as injurious, 
whereas a performance limit of 60 g would. See 66 FR 65376, 65398. The 
agency also determined that the Nij formula incorporates the relevant 
measurements for evaluating neck injury during frontal impact and that 
much of the automotive industry has accepted Nij as a valid injury 
measurement. See 66 FR 65376, 65399.
    DaimlerChrysler has not provided any new information with respect 
to these two issues in its current petition for reconsideration. The 
agency still concurs with our previous determination and therefore is 
denying DaimlerChrysler's petition with respect to the chest g and Nij 
measurements.

E. Technical Corrections of the Regulatory Text

    S14.3(a) contains a typographical error which is corrected in this 
document. As correctly identified in the heading, this section applies 
to vehicles manufactured on or after September 1, 2007 and before 
September 1, 2010. The regulatory text incorrectly states that it 
applies to vehicles manufactured on or before September 1, 2007 and 
before September 1, 2010. This error has been corrected.
    In the December 18, 2001 final rule the reference to ``Plane A'' in 
S20.2.1.2

[[Page 65190]]

was inadvertently changed to ``Plane.'' This error has been corrected.
    The dummy positioning procedures for the 3-year-old test dummy, 6-
year-old test dummy, and the 5th percentile adult female test dummy 
have been amended to specify a degree of latitude when positioning a 
dummy in reference to its midsagittal plane. This tolerance is in 
recognition that the placement of the dummy reference line coincident 
to a plane or point on the vehicle will have inherent variability.

VIII. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document has not been reviewed 
by the Office of Management and Budget under E.O. 12866, ``Regulatory 
Planning and Review,'' because it was not deemed significant under the 
executive order. The rulemaking action has also been determined to not 
be significant under the Department's regulatory policies and 
procedures. The agency has concluded that the impacts of today's 
amendments are so minimal that a regulatory evaluation is not required. 
Rather, readers who are interested in the overall costs and benefits of 
advanced air bags are referred to the agency's Final Economic 
Assessment for the May 2000 final rule (Docket No. NHTSA-2000-7013-02). 
NHTSA has determined that the costs and benefits analysis provided in 
that document are unaffected by today's rule.

B. Regulatory Flexibility Act

    We have considered the effects of this rulemaking action under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) This action will not 
have a significant economic impact on a substantial number of small 
businesses because it does not significantly change the requirements of 
the May 2000 final rule or the December 2001 final rule. Small 
organizations and small governmental units will not be significantly 
affected since the potential cost impacts associated with this rule 
remain unchanged from the December 2001 final rule.

C. National Environmental Policy Act

    NHTSA has analyzed these amendments for the purposes of the 
National Environmental Policy Act and determined that they will not 
have any significant impact on the quality of the human environment.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The final rule has no 
substantial effects on the States, or on the current Federal-State 
relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires 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). While the May 2000 
final rule is likely to result in over $100 million of annual 
expenditures by the private sector, today's final rule makes only small 
adjustments to the December 2001 rule, which, in turn, made only small 
adjustments to the May 2000 rule. Accordingly, this final rule will not 
result in a significant increase in cost to the private sector.

F. Executive Order 12778 (Civil Justice Reform)

    This final rule does not have any retroactive effect. Under section 
49 U.S.C. 30103, 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, except to the extent that the state requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 30161 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.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, 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 rule does not 
establish any new information collection requirements.

H. 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.

I. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Standard No. 208 is extremely difficult to read as it 
contains multiple cross-references and has retained all of the 
requirements applicable to vehicle of different classes at different 
times. Because portions of today's rule amend existing text, much of 
that complexity remains. Additionally, the availability of multiple 
compliance options, differing injury criteria and a dual phase-in have 
added to the complexity of the regulation, particularly as the various 
requirements and options are accommodated throughout the initial phase-
in. Once the initial phase-in is complete, much of the complexity will 
disappear. At that time, it would be appropriate to completely revise 
Standard No. 208 to remove any options, requirements, and 
differentiations as to vehicle class that are no longer applicable.

J. Executive Order 13045

    Executive Order 13045 applies to any rule that: (1) Is determined 
to be ``economically significant'' as defined under 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 the 
regulatory action meets both criteria, we must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by us.
    This rulemaking directly involves decisions based on health risks 
that disproportionately affect children, namely, the risk of deploying 
air bags to children. However, this rulemaking serves to reduce, rather 
than increase, that risk.

K. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement

[[Page 65191]]

Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
consensus standards \4\ in its regulatory activities unless doing so 
would be inconsistent with applicable law (e.g., the statutory 
provisions regarding NHTSA's vehicle safety authority) or otherwise 
impractical. In meeting that requirement, we are required to consult 
with voluntary, private sector, consensus standards bodies. Examples of 
organizations generally regarded as voluntary consensus standards 
bodies include the American Society for Testing and Materials (ASTM), 
the Society of Automotive Engineers (SAE), and the American National 
Standards Institute (ANSI). If NHTSA does not use available and 
potentially applicable voluntary consensus standards, we are required 
by the Act to provide Congress, through OMB, an explanation of the 
reasons for not using such standards.
---------------------------------------------------------------------------

    \4\ Voluntary consensus standards are technical standards 
developed or adopted by voluntary consensus standards bodies. 
Technical standards are defined by the NTTAA as ``performance-based 
or design-specific technical specifications and related management 
systems practices.'' They pertain to ``products and processes, such 
as size, strength, or technical performance of a product, process or 
material.''
---------------------------------------------------------------------------

    The agency is not aware of any new voluntary consensus standards 
addressing the changes made to the May 2000 final rule or the December 
2001 final rule as a result of this final rule.

L. Privacy Act

    Anyone is able to search the electronic form of all submissions 
received into any of our dockets by the name of the individual 
submitting the comment or petition (or signing the comment or petition, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78) or you may visit http://dms.dot.gov.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Reporting and recordkeeping 
requirements, Tires.


0
In consideration of the foregoing, NHTSA amends 49 CFR Chapter V as 
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 of Title 49 continues to read as 
follows:

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


0
2. Section 571.208 is amended by revising S14.3(a), S16.2.10, S16.3.1, 
S16.3.2, S16.3.3, S20.1.2, S20.1.9, S20.1.10, S20.2.1.3, S20.3.1, 
S20.4.1, S20.4.4, S20.4.9, S22.1.2, S22.1.7, S22.2.2.1, S22.2.2.3, 
S22.2.2.4, S22.2.2.5, S22.2.2.6, S22.2.2.7, S22.3.1, S22.4.1, S22.4.2, 
S22.4.3, S22.4.4, S24.1.2, S24.2.3, S24.3.1, S24.4.1, S24.4.2, S24.4.3, 
S24.4.4, S26.2.2, S26.2.3, S26.2.4.1, S26.3.1, S26.3.4.1, S26.3.6, 
S26.3.7, S26.4, and Appendix A, and by adding figure 13 to read as 
follows:


Sec.  571.208  Standard No. 208; Occupant crash protection.

* * * * *
    S14.3(a) For vehicles manufactured for sale in the United States on 
or after September 1, 2007, and before September 1, 2010, a percentage 
of the manufacturer's production, as specified in S14.3.1, shall meet 
the requirements specified in S14.5.1(b) (in addition to the other 
requirements of this standard).
* * * * *
    S16.2.10 Driver and passenger seat set-up.
    S16.2.10.1 Lumbar support adjustment. Position adjustable lumbar 
supports so that the lumbar support is in its lowest, retracted or 
deflated adjustment position.
    S16.2.10.2 Other seat adjustments. Position any adjustable parts of 
the seat that provide additional support so that they are in the lowest 
or most open adjustment position. Position any adjustable head 
restraint in the lowest and most forward position.
    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.
    S16.2.10.3.1 Using only the controls that primarily move the seat 
and seat cushion independent of the seat back in the fore and aft 
directions, move the seat cushion reference point (SCRP) to the 
rearmost position. Using any part of any control, other than those just 
used, determine the full range of angles of the seat cushion reference 
line and set the seat cushion reference line to the middle of the 
range. Using any part of any control other than those that primarily 
move the seat or seat cushion fore and aft, while maintaining the seat 
cushion reference line angle, place the SCRP to its lowest position.
    S16.2.10.3.2 Using only the control that primarily moves the seat 
fore and aft, move the seat reference point to the full forward 
position.
    S16.2.10.3.3 If the seat or seat cushion height is adjustable, 
other than by the controls that primarily move the seat or seat cushion 
fore and aft, determine the maximum and minimum heights of the seat 
reference point, while maintaining, as closely as possible, the angle 
determined in S16.2.10.3.1. Set the seat reference point at the 
midpoint height with the seat cushion reference line angle set as 
closely as possible to the angle determined in S16.2.10.3.1. Mark 
location of the seat for future reference.
* * * * *
    S16.3.1 General provisions and definitions.
    S16.3.1.1 All angles are measured with respect to the horizontal 
plane unless otherwise stated.
    S16.3.1.2 The dummy's neck bracket is adjusted to align the zero 
degree index marks.
    S16.3.1.3 The term ``midsagittal plane'' refers to the vertical 
plane that separates the dummy into equal left and right halves.
    S16.3.1.4 The term ``vertical longitudinal plane'' refers to a 
vertical plane parallel to the vehicle's longitudinal centerline.
    S16.3.1.5 The term ``vertical plane'' refers to a vertical plane, 
not necessarily parallel to the vehicle's longitudinal centerline.
    S16.3.1.6 The term ``transverse instrumentation platform'' refers 
to the transverse instrumentation surface inside the dummy's skull 
casting to which the neck load cell mounts. This surface is 
perpendicular to the skull cap's machined inferior-superior mounting 
surface.
    S16.3.1.7 The term ``thigh'' refers to the femur between, but not 
including, the knee and the pelvis.
    S16.3.1.8 The term ``leg'' refers to the lower part of the entire 
leg, including the knee.
    S16.3.1.9 The term ``foot'' refers to the foot, including the 
ankle.
    S16.3.1.10 The longitudinal centerline of a bucket seat cushion is 
defined by a vertical plane that passes through the SgRP and is 
parallel to the longitudinal centerline of the vehicle.
    S16.3.1.11 For leg and thigh angles, use the following references:
    S16.3.1.11.1 Thigh--a straight line on the thigh skin between the 
center of the 1/2-13 UNC-2B tapped hole in the upper leg femur clamp 
(see drawings 880105-504 (left thigh) and 880105-505 (right thigh), 
upper leg femur clamp) and the knee pivot shoulder bolt (part 880105-
527 in drawing 880105-528R & 528L, sliding knee assembly without 
potentiometer).
    S16.3.1.11.2 Leg--a straight line on the leg skin between the 
center of the ankle shell (parts 880105-609 & 633 in drawing 880105-
660, ankle assembly)

[[Page 65192]]

and the knee pivot shoulder bolt (part 880105-527 in drawing 880105-
528R & 528L, sliding knee assembly without potentiometer).
    S16.3.1.12 The term ``seat cushion reference point'' (SCRP) means a 
point placed on the outboard side of the seat cushion at a horizontal 
distance between 150 mm (5.9 in) and 250 mm (9.8 in) from the front 
edge of the seat used as a guide in positioning the seat.
    S16.3.1.13 The term ``seat cushion reference line'' means a line on 
the side of the seat cushion, passing through the seat cushion 
reference point, whose projection in the vehicle vertical longitudinal 
plane is straight and has a known angle with respect to the horizontal.
    S16.3.2 Driver dummy positioning.
    S16.3.2.1 Driver torso/head/seat back angle positioning.
    S16.3.2.1.1 With the seat in the position determined in 
S16.2.10.3.3, use only the control that primarily moves the seat fore 
and aft to place the seat in the rearmost position. If the seat cushion 
reference line angle automatically changes as the seat is moved from 
the full forward position, maintain, as closely as possible, the seat 
cushion reference line angle determined in S16.2.10.3.1, for the final 
forward position when measuring the pelvic angle as specified in 
S16.3.2.1.11. The seat cushion reference angle position may be achieved 
through the use of any seat or seat cushion adjustments other than that 
which primarily moves the seat or seat cushion fore-aft.
    S16.3.2.1.2 Fully recline the seat back, if adjustable. Install the 
dummy into the driver's seat, such that when the legs are positioned 
120 degrees to the thighs, the calves of the legs are not touching the 
seat cushion.
    S16.3.2.1.3 Bucket seats. Place the dummy on the seat cushion so 
that its midsagittal plane is vertical and coincides with the vertical 
longitudinal plane through the center of the seat cushion, within +/-10 
mm (+/-0.4 in).
    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 
wheel rim.
    S16.3.2.1.5 Hold the dummy's thighs down and push rearward on the 
upper torso to maximize the dummy's pelvic angle.
    S16.3.2.1.6 Place the legs at 120 degrees to the thighs. Set the 
initial transverse distance between the longitudinal centerlines at the 
front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the 
thighs and legs of the dummy in vertical planes. Push rearward on the 
dummy's knees to force the pelvis into the seat so there is no gap 
between the pelvis and the seat back or until contact occurs between 
the back of the dummy's calves and the front of the seat cushion.
    S16.3.2.1.7 Gently rock the upper torso laterally in a side to side 
motion three times through a +/-5 degree arc (approximately 51 mm (2 
in) side to side).
    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 wheel, then adjust the steering wheel, if 
adjustable, upward until contact with the steering wheel is avoided. If 
the steering wheel is not adjustable, separate the knees enough to 
avoid steering wheel 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 wheel 
was moved, return it to the position described in S16.2.9. If the 
steering wheel 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 wheel 
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 
wheel, adjust the steering wheel 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 wheel cannot be eliminated by adjustment, position the seat at 
the next detent where there is no contact with the steering wheel 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 wheel as adjusted in S16.2.9 and the 
point of contact on the dummy.
    S16.3.2.1.10 If it is not possible to achieve the head level within 
+/-0.5 degrees, minimize the angle.
    S16.3.2.1.11 Measure and set the dummy's pelvic angle using the 
pelvic angle gauge (drawing TE-2504, incorporated by reference in 49 
CFR Part 572, Subpart O of this chapter). The angle shall be set to 
20.0 degrees +/-2.5 degrees. If this is not possible, adjust the pelvic 
angle as close to 20.0 degrees as possible while keeping the transverse 
instrumentation platform of the head as level as possible by 
adjustments specified in S16.3.2.1.9 and S16.3.2.1.10.
    S16.3.2.1.12 If the dummy is contacting the vehicle interior after 
these adjustments, using only the control that primarily moves the seat 
fore and aft, move the seat rearward until there is a maximum of 5 mm 
(0.2 in) between the contact point of the dummy and the interior of the 
vehicle or if it has a manual seat adjustment, to the next rearward 
detent position. If after these adjustments, the dummy contact point is 
more than 5 mm (0.2 in) from the vehicle interior and the seat is still 
not in its forwardmost position, move the seat forward until the 
contact point is a maximum of 5 mm (0.2 in) from the vehicle interior, 
or if it has a manual seat adjustment, move the seat to the closest 
detent position that causes no contact, or until the seat reaches its 
forwardmost position, whichever occurs first.
    S16.3.2.2 Driver foot positioning.
    S16.3.2.2.1 If the vehicle has an adjustable accelerator pedal, 
adjust it to

[[Page 65193]]

the full forward position. If the heel of the right foot can contact 
the floor pan, follow the positioning procedure in (a). If not, follow 
the positioning procedure in (b).
    (a) Rest the right foot of the test dummy on the undepressed 
accelerator pedal with the rearmost point of the heel on the floor pan 
in the plane of the pedal. If the foot cannot be placed on the 
accelerator pedal, set it initially perpendicular to the leg and then 
place it as far forward as possible in the direction of the pedal 
centerline with the rearmost point of the heel resting on the floor 
pan. If the vehicle has an adjustable accelerator pedal and the right 
foot is not touching the accelerator pedal when positioned as above, 
move the pedal rearward until it touches the right foot. If the 
accelerator pedal in the full rearward position still does not touch 
the foot, leave the pedal in that position. Extend the foot and lower 
leg by decreasing the knee flexion angle until any part of the foot 
contacts the undepressed accelerator pedal. If the foot does not 
contact the pedal, place the highest part of the foot at the same 
height as the highest part of the pedal.
    (b) Extend the foot and lower leg by decreasing the knee flexion 
angle until any part of the foot contacts the undepressed accelerator 
pedal or the highest part of the foot is at the same height as the 
highest part of the pedal. If the vehicle has an adjustable accelerator 
pedal and the right foot is not touching the accelerator pedal when 
positioned as above, move the pedal rearward until it touches the right 
foot.
    S16.3.2.2.2 If the ball of the right foot does not contact the 
pedal, increase the ankle plantar flexion angle such that the toe of 
the foot contacts or is as close as possible to contact with the 
undepressed accelerator pedal.
    S16.3.2.2.3 If, in its final position, the heel is off of the 
vehicle floor, a spacer block must be used under the heel to support 
the final foot position (see figure 13). The surface of the block in 
contact with the heel must have an inclination of 30 degrees, measured 
from the horizontal, with the highest surface towards the rear of the 
vehicle.
    S16.3.2.2.4 Place the left foot on the toe-board with the rearmost 
point of the heel resting on the floor pan as close as possible to the 
point of intersection of the planes described by the toe-board and 
floor pan, and not on or in contact with the vehicle's brake pedal, 
clutch pedal, wheel-well projection or foot rest, except as provided in 
S16.3.2.2.6.
    S16.3.2.2.5 If the left foot cannot be positioned on the toe board, 
place the foot perpendicular to the lower leg centerline as far forward 
as possible with the heel resting on the floor pan.
    S16.3.2.2.6 If the left foot does not contact the floor pan, place 
the foot parallel to the floor and place the leg as perpendicular to 
the thigh as possible. If necessary to avoid contact with the vehicle's 
brake pedal, clutch pedal, wheel-well, or foot rest, use the three foot 
position adjustments listed in (a)-(c). The adjustment options are 
listed in priority order, with each subsequent option incorporating the 
previous. In making each adjustment, move the foot the minimum distance 
necessary to avoid contact. If it is not possible to avoid all 
prohibited foot contact, priority is given to avoiding brake or clutch 
pedal contact;
    (a) Rotate (abduction/adduction) the test dummy's left foot about 
the lower leg,
    (b) Plantar flex the foot,
    (c) Rotate the left leg outboard about the hip.
    S16.3.2.3 Driver arm/hand positioning.
    S16.3.2.3.1 Place the dummy's upper arms adjacent to the torso with 
the arm centerlines as close to a vertical longitudinal plane as 
possible.
    S16.3.2.3.2 Place the palms of the dummy in contact with the outer 
part of the steering wheel rim at its horizontal centerline with the 
thumbs over the steering wheel rim.
    S16.3.2.3.3 If it is not possible to position the thumbs inside the 
steering wheel rim at its horizontal centerline, then position them 
above and as close to the horizontal centerline of the steering wheel 
rim as possible.
    S16.3.2.3.4 Lightly tape the hands to the steering wheel 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 wheel rim.
    S16.3.3 Passenger dummy positioning.
    S16.3.3.1 Passenger torso/head/seat back angle positioning.
    S16.3.3.1.1 With the seat at the mid-height in the full forward 
position determined in S16.2.10.3.3, use only the control that 
primarily moves the seat fore and aft to place the seat in the rearmost 
position, without adjusting independent height controls. If the seat 
cushion reference line angle automatically changes as the seat is moved 
from the full forward position, maintain as closely as possible the 
seat cushion reference line angle in S16.2.10.3.1, for the final 
forward position when measuring the pelvic angle as specified in 
S16.3.3.1.11. The seat cushion reference line angle position may be 
achieved through the use of any seat or seat cushion adjustments other 
than that which primarily moves the seat or seat cushion fore-aft.
    S16.3.3.1.2 Fully recline the seat back, if adjustable. Install the 
dummy into the passenger seat, such that when the legs are 120 degrees 
to the thighs, the calves of the legs are not touching the seat 
cushion.
    S16.3.3.1.3 Bucket seats. Place the dummy on the seat cushion so 
that its midsagittal plane is vertical and coincides with the vertical 
longitudinal plane through the center of the seat cushion, within +/-10 
mm (+/-0.4 mm).
    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.
    S16.3.3.1.5 Hold the dummy's thighs down and push rearward on the 
upper torso to maximize the dummy's pelvic angle.
    S16.3.3.1.6 Place the legs at 120 degrees to the thighs. Set the 
initial transverse distance between the longitudinal centerlines at the 
front of the dummy's knees at 160 to 170 mm (6.3 to 6.7 in), with the 
thighs and legs of the dummy in vertical planes. Push rearward on the 
dummy's knees to force the pelvis into the seat so there is no gap 
between the pelvis and the seat back or until contact occurs between 
the back of the dummy's calves and the front of the seat cushion.
    S16.3.3.1.7 Gently rock the upper torso laterally side to side 
three times through a +/-5 degree arc (approximately 51 mm (2 in) side 
to side).
    S16.3.3.1.8 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. With the feet 
perpendicular to the legs, place the heels on the floor pan. If a heel 
will not contact the floor pan, place it as close to the floor pan as 
possible. Using only the control that primarily moves the seat fore and 
aft, attempt to return the seat to the full forward position. 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 seats are power seats, position the seat 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.

[[Page 65194]]

    S16.3.3.1.9 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 degrees, making sure that the pelvis 
does not interfere with the seat bight. Inspect the abdomen to insure 
that it is properly installed.
    S16.3.3.1.10 If it is not possible to orient the head level within 
+/-0.5 degrees, minimize the angle.
    S16.3.3.1.11 Measure and set the dummy's pelvic angle using the 
pelvic angle gauge (drawing TE-2504, incorporated by reference in 49 
CFR Part 572, Subpart O, of this chapter). The angle shall be set to 
20.0 degrees +/-2.5 degrees. If this is not possible, adjust the pelvic 
angle as close to 20.0 degrees as possible while keeping the transverse 
instrumentation platform of the head as level as possible, as specified 
in S16.3.3.1.9 and S16.3.3.1.10.
    S16.3.3.1.12 If the dummy is contacting the vehicle interior after 
these adjustments, using only the control that primarily moves the seat 
fore and aft, move the seat rearward until there is a maximum of 5 mm 
(0.2 in) between the contact point of the dummy and the interior of the 
vehicle or if it has a manual seat adjustment, to the next rearward 
detent position. If after these adjustments, the dummy contact point is 
more than 5 mm (0.2 in) from the vehicle interior and the seat is still 
not in its forwardmost position, move the seat forward until the 
contact point is a maximum of 5 mm (0.2 in) from the vehicle interior, 
or if it has a manual seat adjustment, move the seat to the closest 
detent position that causes no contact, or until the seat reaches its 
forwardmost position, whichever occurs first.
    S16.3.3.2 Passenger foot positioning.
    S16.3.3.2.1 Place the passenger's feet flat on the toe board.
    S16.3.3.2.2 If the feet cannot be placed flat on the toe board, set 
them perpendicular to the leg centerlines and place them as far forward 
as possible with the heels resting on the floor pan. If either foot 
does not contact the floor pan, place the foot parallel to the floor 
pan and place the lower leg as perpendicular to the thigh as possible.
    S16.3.3.3 Passenger arm/hand positioning.
    S16.3.3.3.1 Place the dummy's upper arms in contact with the seat 
back and the torso.
    S16.3.3.3.2 Place the palms of the dummy in contact with the 
outside of the thighs.
    S16.3.3.3.3 Place the little fingers in contact with the seat 
cushion.
* * * * *
    S20.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with the front outboard 
passenger seating position, if adjustable fore and aft, at full 
rearward, middle, and full forward 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.
* * * * *
    S20.1.9 Seat set-up. Unless otherwise stated.
    S20.1.9.1 Lumbar support adjustment. Position adjustable lumbar 
supports so that the lumbar support is in its lowest, retracted or 
deflated adjustment position.
    S20.1.9.2 Other seat adjustments. Position any adjustable parts of 
the seat that provide additional support so that they are in the lowest 
or most open adjustment position.
    S20.1.9.3 Set the seat and seat cushion in the position determined 
in S16.2.10.3.1.
    S20.1.9.4 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 part of any seat or seat 
cushion adjustments, other than that which primarily moves the seat or 
seat cushion 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 reference line middle angle determined in 
S16.2.10.3.1.
    S20.1.9.5 The seat back angle, if adjustable, is set at the 
manufacturer's nominal design seat back angle for a 50th percentile 
adult male as specified in S8.1.3.
    S20.1.9.6 If adjustable, set the head restraint at the full down 
and full forward position.
    S20.1.10 The longitudinal centerline of a bucket seat cushion is 
defined by a vertical plane that passes through the SgRP and is 
parallel to the longitudinal centerline of the vehicle.
* * * * *
    S20.2.1.3 For bucket seats, ``Plane B'' refers to a vertical plane 
parallel to the vehicle longitudinal centerline through the 
longitudinal centerline of the front outboard passenger vehicle seat 
cushion. For bench seats, ``Plane B'' refers to a vertical plane 
through the 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 wheel.
* * * * *
    S20.3.1 Each vehicle certified to this option shall comply in tests 
conducted with the 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.
* * * * *
    S20.4.1 Position the 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 the front outboard passenger seat cushion. 
For bench seats, ``Plane B'' refers to a vertical plane through the 
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 wheel.
* * * * *
    S20.4.9 Deploy the 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

[[Page 65195]]

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).
* * * * *
    S22.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with the 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.
* * * * *
    S22.1.7 Seat set-up. Unless otherwise stated,
    S22.1.7.1 Lumbar support adjustment. Position adjustable lumbar 
supports so that the lumbar support is in its lowest, retracted or 
deflated adjustment position.
    S22.1.7.2 Other seat adjustments. Position any adjustable parts of 
the seat that provide additional support so that they are in the lowest 
or most open adjustment position.
    S22.1.7.3 Set the seat and seat cushion in the position determined 
in S16.2.10.3.1.
    S22.1.7.4 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 part of any seat or seat 
cushion adjustments other than that which primarily moves the seat or 
seat cushion 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 reference line angle determined in 
S16.2.10.3.1.
    S22.1.7.5 The seat back angle, if adjustable, is set at the 
manufacturer's nominal design seat back angle for a 50th percentile 
adult male as specified in S8.1.3.
    S22.1.7.6 If adjustable, set the head restraint at the full down 
and full forward position.
* * * * *
    S22.2.2.1  Sitting on seat with back against seat back.
    (a) Position the dummy in the seated position and place it on the 
right front outboard seat.
    (b) In the case of vehicles equipped with bench seats, 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 wheel. In the case of vehicles equipped with 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). Position the torso of the dummy against the seat 
back. Position the dummy's thighs against the seat cushion.
    (c) Allow the legs of the dummy to extend off the surface of the 
seat.
    (d) Rotate the dummy's upper arms down until they contact the seat 
back.
    (e) Rotate the dummy's lower arms until the dummy's hands contact 
the seat cushion.
    (f) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (g) Wait 10 seconds, then check whether the air bag is deactivated.
* * * * *
    S22.2.2.3 Sitting on seat with back not against seat back.
    (a) Position the dummy in the seated position and place it on the 
right front outboard seat.
    (b) In the case of vehicles equipped with bench seats, 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 wheel. In the case of vehicles equipped with 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). 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.
    (c) Position the dummy's thighs against the seat cushion.
    (d) Allow the legs of the dummy to extend off the surface of the 
seat.
    (e) Position the upper arms parallel to the spine and rotate the 
dummy's lower arms until the dummy's hands contact the seat cushion.
    (f) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (g) Wait 10 seconds, then check whether the air bag is deactivated.
    S22.2.2.4 Sitting on seat edge, spine vertical, hands by the 
dummy's sides.
    (a) In the case of vehicles equipped with bench seats, 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 wheel. In the case of vehicles equipped with 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).
    (b) Position the dummy in the seated position forward in the seat 
such that the legs are vertical and the back of the legs rest against 
the front of the seat with the spine vertical. If the dummy's feet 
contact the floor pan, rotate the legs forward until the dummy is 
resting on the seat with the feet positioned flat on the floor pan and 
the dummy spine vertical. 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.
    (c) Place the upper arms parallel to the spine.
    (d) Lower the dummy's lower arms such that they contact the seat 
cushion.
    (e) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (f) Wait 10 seconds, then check whether the air bag is deactivated.
    S22.2.2.5 Standing on seat, facing forward.
    (a) In the case of vehicles equipped with bench seats, 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 (+/-.4 in), as the center of 
the steering wheel rim. In the case of vehicles equipped with 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). Position the dummy in a standing position 
on the right front outboard seat cushion facing the front of the 
vehicle while placing the heels of the dummy's feet in contact with the 
seat back.
    (b) Rest the dummy against the seat back, with the arms parallel to 
the spine.

[[Page 65196]]

    (c) If the head contacts the vehicle roof, recline the seat so that 
the head is no longer in contact with the vehicle roof, but allow no 
more than 5 mm (0.2 in) distance between the head and the roof. If the 
seat does not sufficiently recline to allow clearance, omit the test.
    (d) If necessary use a material with a maximum breaking strength of 
311 N (70 lb) or spacer blocks to keep the dummy in position.
    (e) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (f) Wait 10 seconds, then check whether the air bag is deactivated.
    S22.2.2.6 Kneeling on seat, facing forward.
    (a) In the case of vehicles equipped with bench seats, 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 wheel. In the case of vehicles equipped with 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).
    (b) Position the dummy in a kneeling position in the right front 
outboard 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.
    (c) If necessary use a material with a maximum breaking strength of 
311 N (70 lb) or spacer blocks to keep the dummy in position.
    (d) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (e) Wait 10 seconds, then check whether the air bag is deactivated.
    S22.2.2.7 Kneeling on seat, facing rearward.
    (a) In the case of vehicles equipped with bench seats, 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 wheel. In the case of vehicles equipped with 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).
    (b) Position the dummy in a kneeling position in the right front 
outboard 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.
    (c) Start the vehicle engine or place the ignition in the ``on'' 
position, whichever will turn on the suppression system, and then close 
all vehicle doors.
    (d) Wait 10 seconds, then check whether the air bag is deactivated.
* * * * *
    S22.3.1 Each vehicle certified to this option shall comply in tests 
conducted with the 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.
* * * * *
    S22.4.1 Each vehicle that is certified as complying with S21.4 
shall meet the following test requirements with the 49 CFR Part 572, 
Subpart P 3-year-old child dummy in both of the following positions: 
Position 1 (S22.4.2) and Position 2 (S22.4.3).
    S22.4.1.1 Locate and mark a point on the front of the dummy's chest 
jacket on the midsagittal plane that is 114 mm (4.5 in) +/-3 mm (+/-0.1 
in) along the surface of the skin from the top of the skin at the neck 
line. This is referred to as ``Point 1.''
    S22.4.1.2 Mark a point on the instrument panel that is 
longitudinally and transversely, as measured along the surface of the 
instrument panel, within +/-6 mm (+/-0.2 in) of the point that is 
defined by the intersection of the instrument panel 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.
    S22.4.1.3 Locate the vertical plane parallel to the vehicle 
longitudinal centerline through the point located in S22.4.1.2. This is 
referred to as ``Plane D.''
    S22.4.1.4 Locate the horizontal plane through the point located in 
S22.4.1.2. This is referred to as ``Plane C.''
    S22.4.2 Position 1 (chest on instrument panel).
    S22.4.2.1 Set the seat and seat cushion in the positions determined 
in S16.2.10.3.1. If the seat back is adjustable independent of the 
seat, place the seat back 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.
    S22.4.2.2 Place the dummy in the front outboard passenger seat such 
that:
    S22.4.2.2.1 The midsagittal plane is coincident with Plane D within 
+/-10 mm (+/-0.4 in).
    S22.4.2.2.2 The legs are initially vertical to the floor pan. The 
legs and thighs shall be adjusted to the extent necessary for the head/
torso to contact the instrument panel as specified in S22.4.2.3.
    S22.4.2.2.3 The upper arms are parallel to the torso and the hands 
are in contact with the thighs.
    S22.4.2.3 Without changing the seat position and with the dummy's 
thorax instrument cavity rear face vertical, move the dummy forward 
until the dummy head/torso contacts the instrument panel. If the dummy 
loses contact with the seat cushion because of the forward movement, 
maintain the height of the dummy and the angle of the thigh with 
respect to the torso. Once contact is made, raise the dummy vertically 
until Point 1 lies in Plane C within +/-10 mm (+/-0.4 in). If the 
dummy's head contacts the windshield and keeps Point 1 from reaching 
Plane C, lower the dummy until there is no more than 5 mm (0.2 in) 
clearance between the head and the windshield. (The dummy shall remain 
in contact with the instrument panel while being raised or lowered, 
which may change the dummy's fore-aft position.)
    S22.4.2.4 If possible, position the legs of the dummy so that the 
legs are vertical and the feet rest flat on the floor pan of the 
vehicle. If the positioning against the instrument panel does not allow 
the feet to be on the floor pan, the feet shall be parallel to the 
floor pan.
    S22.4.2.5 If necessary, material with a maximum breaking strength 
of 311 N (70 lb) and spacer blocks may be used to support the dummy in 
position. The material should support the torso rather than the head. 
Support the dummy so that there is minimum interference with the full 
rotational and translational freedom for the upper torso of the dummy 
and the material does not interfere with the air bag.
    S22.4.3 Position 2 (head on instrument panel).
    S22.4.3.1 Place the 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

[[Page 65197]]

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 the front outboard passenger seat such 
that:
    S22.4.3.2.1 The midsagittal plane is coincident with Plane D within 
+/-10 mm (+/-0.4 in).
    S22.4.3.2.2 The legs are vertical to the floor pan, the back of the 
legs are in contact with the seat cushion, and the dummy's thorax 
instrument cavity rear face is vertical. If it is not possible to 
position the dummy with the legs in the prescribed position, rotate the 
legs forward until the dummy is resting on the seat with the feet 
positioned flat on the floor pan, and the back of the legs are in 
contact with the front of the seat cushion. Set the transverse distance 
between the longitudinal centerlines at the front of the dummy's knees 
at 86 to 91 mm (3.4 to 3.6 in), with the thighs and the legs of the 
dummy in vertical planes.
    S22.4.3.2.3 The upper arms are parallel to the torso and the hands 
are in contact with the thighs.
    S22.4.3.3 Using only the control that primarily moves the seat in 
the fore and aft direction, move the seat forward, while maintaining 
the thorax instrument cavity rear face orientation until any part of 
the dummy contacts the vehicle's instrument panel.
    S22.4.3.4 If dummy contact has not been made with the vehicle's 
instrument panel at the full forward seating position of the seat, 
slide the dummy forward until contact is made. Maintain the thorax 
instrument cavity rear face vertical orientation. If the dummy loses 
contact with the seat, from that point forward, maintain the height of 
the dummy. Except as provided in S22.4.3.5, maintain the angle of the 
thigh with respect to the horizontal.
    S22.4.3.5 If head/torso contact with the instrument panel has not 
been made, maintain the angle of the thighs with respect to the 
horizontal while applying a force towards the front of the vehicle on 
the spine of the dummy between the shoulder joints until the head or 
torso comes into contact with the vehicle's instrument panel or until a 
maximum force of 222 N (50 lb) is achieved. If the head/torso is still 
not in contact with the instrument panel, hold the femurs and release 
the 222 N (50 lb) force. While maintaining the relative angle between 
the torso and the femurs, roll the dummy forward on the seat cushion, 
without sliding, until head/torso contact with the instrument panel is 
achieved. If seat contact is lost prior to or during femur rotation out 
of the horizontal plane, constrain the dummy to rotate about the dummy 
H-point.
    S22.4.3.6 If necessary, material with a maximum breaking strength 
of 311 N (70 lb) and spacer blocks may be used to support the dummy in 
position. The material should support the torso rather than the head. 
Support the dummy so that there is minimum interference with the full 
rotational and translational freedom for the upper torso of the dummy 
and the material does not interfere with the air bag.
    S22.4.4 Deploy the 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.
* * * * *
    S24.1.2 Unless otherwise specified, each vehicle certified to this 
option shall comply in tests conducted with the 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.
* * * * *
    S24.2.3 Sitting back in the seat and leaning on the right front 
passenger door.
    (a) Position the dummy in the seated position and place the dummy 
in the right front outboard 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, 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 the steering wheel.
    (b) Place the dummy's back against the seat back and rest the 
dummy's thighs on the seat cushion.
    (c) Allow the legs and feet of the dummy to extend off the surface 
of the seat. If this positioning of the dummy's legs is prevented by 
contact with the instrument panel, 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) distance between the vehicle interior and the part of the dummy 
that was in contact with the vehicle interior.
    (d) Rotate the dummy's upper arms toward the seat back until they 
make contact.
    (e) Rotate the dummy's lower arms down until they contact the seat.
    (f) Close the vehicle's passenger-side door and then start the 
vehicle engine or place the ignition in the ``on'' position, whichever 
will turn on the suppression system.
    (g) Push against the dummy's left shoulder to lean the dummy 
against the door; close all remaining doors.
    (h) Wait ten seconds, then check whether the air bag is 
deactivated.
* * * * *
    S24.3.1 Each vehicle certified to this option shall comply in tests 
conducted with the 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.
* * * * *
    S24.4.1 Each vehicle that is certified as complying with S23.4 
shall meet the following test requirements with the 49 CFR Part 572, 
Subpart N 6-year-old child dummy in both of the following positions: 
Position 1 (S24.4.2) or Position 2 (S24.4.3).
    S24.4.1.1 Locate and mark a point on the front of the dummy's chest 
jacket on the midsagittal plane that is 139 mm (5.5 in) +/-3 mm (+/-
0.1in) along the surface of the skin from the top of the skin at the 
neckline. This is referred to as ``Point 1.''
    S24.4.1.2 Mark a point on the instrument panel that is 
longitudinally

[[Page 65198]]

and transversely, as measured along the surface of the instrument 
panel, within +/-6 mm (+/-0.2 in) of the point that is defined by the 
intersection of the instrument panel 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.
    S22.4.1.3 Locate the vertical plane parallel to the vehicle 
longitudinal centerline through the point located in S24.4.1.2. This is 
referred to as ``Plane D.''
    S24.4.1.4 Locate the horizontal plane through the point located in 
S24.4.1.2. This is referred to as ``Plane C.''
    S24.4.2 Position 1 (chest on instrument panel).
    S24.4.2.1 Set the seat and seat cushion in the positions determined 
in S16.2.10.3.1. If the seat back is adjustable independent of the 
seat, place the seat back 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.
    S24.4.2.2 Remove the legs of the dummy at the pelvic interface.
    S24.4.2.3 Place the dummy in the front outboard passenger seat such 
that:
    (a) The midsagittal plane is coincident with Plane D within +/-10 
mm (+/-0.4 in).
    (b) The upper arms are parallel to the torso and the hands are next 
to where the thighs would be.
    (c) Without changing the seat position and with the dummy's thorax 
instrument cavity rear face 6 degrees forward of the vertical, move the 
dummy forward until the dummy head/torso contacts the instrument panel. 
If the dummy loses contact with the seat cushion because of the forward 
movement, maintain the height of the dummy while moving the dummy 
forward. If the head contacts the windshield before head/torso contact 
with the instrument panel, maintain the thorax instrument cavity angle 
and move the dummy forward such that the head is following the angle of 
the windshield until there is head/torso contact with the instrument 
panel. Once contact is made, raise or lower the dummy vertically until 
Point 1 lies in Plane C within +/-10 mm (+/-0.4 in). If the dummy's 
head contacts the windshield and keeps Point 1 from reaching Plane C, 
lower the dummy until there is no more than 5 mm (0.2 in) clearance 
between the head and the windshield. (The dummy shall remain in contact 
with the instrument panel while being raised or lowered which may 
change the dummy's fore-aft position.)
    S24.4.2.4 If necessary, material with a maximum breaking strength 
of 311 N (70 lb) and spacer blocks may be used to support the dummy in 
position. The material should support the torso rather than the head. 
Support the dummy so that there is minimum interference with the full 
rotational and translational freedom for the upper torso of the dummy 
and the material does not interfere with the air bag.
    S24.4.3 Position 2 (head on instrument panel).
    S24.4.3.1 Place the 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 the front outboard passenger seat such 
that:
    (a) The midsagittal plane is coincident with Plane D within +/-10 
mm (+/-0.4 in).
    (b) The legs are perpendicular to the floor pan, the back of the 
legs are in contact with the seat cushion, and the dummy's thorax 
instrument cavity rear face is 6 degrees forward of vertical. If it is 
not possible to position the dummy with the legs in the prescribed 
position, rotate the legs forward until the dummy is resting on the 
seat with the feet positioned flat on the floor pan and the back of the 
legs are in contact with the front of the seat cushion. Set the 
transverse distance between the longitudinal centerlines at the front 
of the dummy's knees at 112 to 117 mm (4.4 to 4.6 in), with the thighs 
and the legs of the dummy in vertical planes.
    (c) The upper arms are parallel to the torso and the hands are in 
contact with the thighs.
    S24.4.3.3 Using only the control that primarily moves the seat in 
the fore and aft direction, move the seat forward, while maintaining 
the thorax instrument cavity rear face orientation until any part of 
the dummy contacts the vehicle's instrument panel.
    S24.4.3.4 If dummy contact has not been made with the vehicle's 
instrument panel at the full forward seating position of the seat, 
slide the dummy forward on the seat until contact is made. Maintain the 
thorax instrument cavity rear face orientation. If the dummy loses 
contact with the seat, from that point forward maintain the height of 
the dummy. Except as provided in S24.4.3.5, maintain the angle of the 
thigh with respect to the horizontal.
    S24.4.3.5 If head/torso contact with the instrument panel has not 
been made, maintain the angle of the thighs with respect to the 
horizontal while applying a force towards the front of the vehicle on 
the spine of the dummy between the shoulder joints until the head or 
torso comes into contact with the vehicle's instrument panel or until a 
maximum force of 222 N (50 lb) is achieved. If the head/torso is still 
not in contact with the instrument panel, hold the femurs and release 
the 222 N (50 lb) force. While maintaining the relative angle between 
the torso and the femurs, roll the dummy forward on the seat, without 
sliding, until head/torso contact with the instrument panel is 
achieved. If seat contact is lost prior to or during femur rotation out 
of the horizontal plane, constrain the dummy to rotate about the dummy 
H-point.
    S24.4.3.6 If necessary, material with a maximum breaking strength 
of 311 N (70 lb) and spacer blocks may be used to support the dummy in 
position. The material should support the torso rather than the head. 
Support the dummy so that there is minimum interference with the full 
rotational and translational freedom for the upper torso of the dummy 
and the material does not interfere with the air bag.
    S24.4.4 Deploy the 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.
* * * * *
    S26.2.2 Mark a point on the steering wheel cover that is 
longitudinally and transversely, as measured along the surface of the 
steering wheel cover, within +/-6 mm (+/-0.2 in) of the point that is 
defined by the intersection of the steering wheel 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 wheel cover. This is referred to as ``Plane E.''
    S26.2.3 Place the seat and seat cushion in the position achieved in 
S16.2.10.3.1. If the seat or seat cushion

[[Page 65199]]

is adjustable in the vertical direction by adjustments other than that 
which primarily moves the seat or seat cushion fore-aft, determine the 
maximum and minimum heights of the SCRP at this position, while 
maintaining the seat cushion reference line angle as closely as 
possible. Place the SCRP in the mid-height position. If the seat back 
is adjustable independent of the seat, place the seat back 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.
* * * * *
    S26.2.4.1 The midsagittal plane is coincident with Plane E within 
+/-10 mm (+/-0.4 in).
* * * * *
    S26.3.1 Place the seat and seat cushion in the position achieved in 
S16.2.10.3.1. If the seat or seat cushion is adjustable in the vertical 
direction by adjustments other than that which primarily moves the seat 
or seat cushion fore-aft, determine the maximum and minimum heights of 
the seat reference point at this position, while maintaining the seat 
cushion reference line angle as closely as possible. Place the SCRP in 
the mid-height position. If the seat back is adjustable independent of 
the seat, place the seat back 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 position.
* * * * *
    S26.3.4.1 The midsagittal plane is coincident with Plane E within 
+/-10 mm (+/-0.4 in).
* * * * *
    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 wheel 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 wheel can be adjusted so that the chin 
point can be in contact with the rim of the uppermost portion of the 
steering wheel, adjust the steering wheel to that position. If the 
steering wheel 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 wheel 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 wheel 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 wheel.
* * * * *
    S26.4 Deploy the driver 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.
* * * * *
[GRAPHIC] [TIFF OMITTED] TR19NO03.000


[[Page 65200]]


* * * * *

Appendix A to Sec.  571.208--Selection of Child Restraint Systems

    A. The following car bed, manufactured on or after December 1, 
1999, may be used by the National Highway Traffic Safety 
Administration to test the suppression system of a vehicle 
manufactured on or after the effective date specified that has been 
certified as being in compliance with 49 CFR 571.208 S19:

------------------------------------------------------------------------
                                    Effective and termination dates
                              ------------------------------------------
                                 January 17,
                                     2002           September 1, 2004
------------------------------------------------------------------------
Cosco Cream Ride 02-719......  Effective......  Remains Effective.
------------------------------------------------------------------------

    B. Any of the following rear facing child restraint systems, 
manufactured on or after December 1, 1999, may be used by the 
National Highway Traffic Safety Administration to test the 
suppression system of a vehicle manufactured on or after the 
effective date and prior to the termination date specified that has 
been certified as being in compliance with 49 CFR 571.208 S19. When 
the restraint system comes equipped with a removable base, the test 
may be run either with the base attached or without the base.

------------------------------------------------------------------------
                                    Effective and termination dates
                              ------------------------------------------
                                 January 17,
                                     2002           September 1, 2004
------------------------------------------------------------------------
Britax Handle with Care 191..  Effective......  Remains Effective.
Century Assura 4553..........  Effective......  Remains Effective.
Century Avanta SE 41530......  Effective......  Terminated.
Century Smart Fit 4543.......  Effective......  Remains Effective.
Cosco Arriva 02727...........  Effective......  Remains Effective.
Cosco Opus 35 02603..........  Effective......  Terminated.
Evenflo Discovery Adjust       Effective......  Remains Effective.
 Right 212.
Evenflo First Choice 204.....  Effective......  Remains Effective.
Evenflo On My Way Position     Effective......  Terminated.
 Right V 282.
Graco Infant 8457............  Effective......  Remains Effective.
------------------------------------------------------------------------

    C. Any of the following forward-facing convertible child 
restraint systems, manufactured on or after December 1, 1999, may be 
used by the National Highway Traffic Safety Administration to test 
the suppression system of a vehicle manufactured on or after the 
effective date and prior to the termination date specified that has 
been certified as being in compliance with 49 CFR 571.208 S19, or 
S21:

------------------------------------------------------------------------
                                    Effective and termination dates
                              ------------------------------------------
                                 January 17,
                                     2002           September 1, 2004
------------------------------------------------------------------------
Britax Roundabout 161........  Effective......  Remains Effective.
Britax Expressway ISOFIX.....  ...............  Effective.
Century Encore 4612..........  Effective......  Remains Effective.
Century STE 1000 4416........  Effective......  Remains Effective.
Cosco Olympian 02803.........  Effective......  Remains Effective.
Cosco Touriva 02519..........  Effective......  Remains Effective.
Evenflo Horizon V 425........  Effective......  Remains Effective.
Evenflo Medallion 254........  Effective......  Remains Effective.
Safety 1st Comfort Ride 22-    ...............  Effective.
 400.
------------------------------------------------------------------------

    D. Any of the following forward-facing toddler/belt positioning 
booster systems, manufactured on or after December 1, 1999, may be 
used by the National Highway Traffic Safety Administration as test 
devices to test the suppression system of a vehicle manufactured on 
or after the effective date and prior to the termination date 
specified that has been certified as being in compliance with 49 CFR 
571.208 S21 or S23:

------------------------------------------------------------------------
                                    Effective and termination dates
                              ------------------------------------------
                                 January 17,
                                     2002           September 1, 2004
------------------------------------------------------------------------
Britax Roadster 9004.........  Effective......  Remains Effective.
Century Next Step 4920.......  Effective......  Remains Effective.
Cosco High Back Booster 02-    Effective......  Remains Effective.
 442.
Evenflo Right Fit 245........  Effective......  Remains Effective.
------------------------------------------------------------------------



[[Page 65201]]

    Issued: November 7, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-28479 Filed 11-18-03; 8:45 am]
BILLING CODE 4910-59-P