Federal Motor Vehicle Safety Standards; Designated Seating Positions and Seat Belt Assembly Anchorages, 36094-36108 [05-12240]

Download as PDF 36094 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules Interested persons are invited to submit written comments by August 22, 2005. Late-filed comments will be considered to the extent practicable. ADDRESSES: You may submit written comments to the docket by any of the following methods: • Mail: Dockets Facility, U.S. Department of Transportation, Room PL–401, 400 Seventh Street, SW., 20590–0001. Anyone wanting confirmation of mailed comments must include a self-addressed stamped postcard. • Hand delivery or courier: Room PL– 401, 400 Seventh Street, SW., Washington DC. The Dockets Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. • Web site: Go to https://dms.dot.gov, click on ‘‘Comments/Submissions’’ and follow the instructions at the site. All written comments should identify the docket number and notice number stated in the heading of this notice. Docket access: For copies of this notice or other material in the docket, you may contact the Dockets Facility by phone (202–366–9329) or visit the facility at the above street address. For Web access to the dockets to read and download filed material, go to https:// dms.dot.gov/search. Then type in the last four digits of the docket number shown in the heading of this notice, and click on ‘‘Search’’. Anyone can search the electronic form of all comments filed in any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the April 11, 2000 issue of the Federal Register (65 FR 19477) or go to https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Richard Sanders (tel: 405–954–7214; Email: Richard.Sanders@tsi.jccbi.gov). General information about our pipeline safety program is available at this Web address: https://ops.dot.gov. To view the petition, comments, and other material in the docket, go to https://dms.dot.gov at any time and conduct a simple search using the docket number. You may also visit the Dockets Facility at the address under ADDRESSES. SUPPLEMENTARY INFORMATION: On October 4, 2004, Arkema, Inc. submitted two petitions to the Pipeline and Hazardous Material Safety Administration’s Office of Pipeline Safety. Arkema’s petitions request that DOT revise 49 CFR 192.121 and 192.123 by increasing the design factor and the DATES: VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 design pressure for PA–11 to allow the use of a PA–11 piping system at pressures up to 200 psig. Under the proposal, the design factor for PA–11 would be raised from 0.32 to 0.40, which would allow for a greater operating pressure. The operating pressure limit for 2-inch diameter pipes of this material would also be raised from 100 psig to 200 psig, to allow these pipe systems to be operated up to the pressure limit determined by the design factor. Arkema asserts that pipelines with the new PA–11 material will pose less risk to the public at a design factor of 0.40 than older thermoplastic piping materials used with a 0.32 design factor and that allowing an increased design pressure will allow gas companies to replace metal piping systems with 2inch plastic pipe operating up to 200 psig to avoid the risk of corrosion failure in steel pipes. A detailed technical justification, including performance test results for PA–11 pipe and a discussion of its history of use, is provided in the petition, which may be read in its entirety in the docket. With this notice, OPS is seeking further information and inviting public comment on the performance of the PA– 11 pipe and a potential increase in the design factor and the design pressure for new thermoplastic piping. OPS will consider Arkema Inc.’s petition, any comments received by the public, and other information to determine whether or not to initiate rulemaking. Issued in Washington, DC, on June 15, 2005. Joy Kadnar, Director of Engineering and Emergency Support. [FR Doc. 05–12356 Filed 6–21–05; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA 2005–21600] RIN 2127–AI94 Federal Motor Vehicle Safety Standards; Designated Seating Positions and Seat Belt Assembly Anchorages National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 SUMMARY: We are proposing to amend the definition of ‘‘designated seating position’’ in the Federal motor vehicle safety standards (FMVSSs), and to establish a new procedure for determining the number of designated seating positions on bench and split bench seats. This document also proposes to apply that procedure to all types of vehicles, regardless of weight, and eliminate the existing exclusion for temporary or folding jump seats. The proposed rule would also revise test procedures for seat belt anchorage requirements so that they are suitable for side-facing, temporary or folding jump seats. NHTSA’s goal in proposing these amendments is to improve the objectivity of the ‘‘designated seating position’’ definition and thereby facilitate efforts of the agency to ensure that the number of designated seating positions and occupant restraint systems in a vehicle is representative of real world occupancy. The proposed rule would also revise the general incorporation by reference provision for the FMVSSs by providing a centralized index of all matters therein incorporated by reference. DATES: You should submit comments early enough to ensure that Docket Management receives them not later than August 22, 2005. ADDRESSES: You may submit comments [identified by the DOT DMS Docket Number above] by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Web Site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • 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. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Request for Comments heading of the Supplementary Information section of this document. Note that all comments E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules received will be posted without change to https://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading under Rulemaking Analyses and Notices. Docket: For access to the docket to read background documents or comments received, go to https:// 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 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact Philip Oh of the NHTSA Office of Vehicle Safety by telephone at (202) 493–0195, and by fax at (202) 493–2290. For legal issues, you may contact Christopher Calamita of the NHTSA Office of Chief Counsel by telephone at (202) 366–2992 and by fax at (202) 366– 3820. You may send mail to both of these officials at the National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Safety Problem III. Proposed Amendments A. ’’Designated seating position’’ B. Measuring hip room C. Number of designated seating positions D. H-point E. Auxiliary seating and safety belt anchorages F. Preemption IV. Benefits and Costs V. Incorporation by Reference VI. Effective Date VII. Request for Comments VIII. Rulemaking Analyses and Notices I. Background Motor vehicle manufacturers are required to designate which locations in their vehicles are seating positions. The designation of a location as a seating position is important for a variety of reasons. For example, passenger cars are required, under Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire and rim selection, to be clearly labeled with a maximum seating capacity. Moreover, FMVSS No. 208, Occupant crash protection, requires that each designated seating position, as defined in 49 CFR 571.3, in a light vehicle 1 be provided with the appropriate occupant crash protection system (e.g., air bag, safety belts or both). If a vehicle has fewer designated seating positions than 1 NHTSA uses the term ‘‘light vehicle’’ to refer to passenger cars, multipurpose passenger vehicles, trucks and buses with a gross vehicle weight rating (GVWR) of not greater than 10,000 lb. VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 the number of seated individuals actually occupying it, some occupants would not be protected by safety belts or other crash protection systems. In 1978, the agency expressed concern with the common practice of designating front seats as having two seating positions, although they had capacity to accommodate three adults (43 FR 21892; May 22, 1978; Docket No. 78–13). As a result of this practice, front center passengers were not provided with safety belt assemblies. In response to this concern, the agency amended the definition of ‘‘designated seating position’’ to specify dimensional parameters. The agency stated that this was ‘‘intended to ensure that all positions likely to be used for seating will be equipped with occupant restraint systems’’ (44 FR 23229; April 19, 1979). The portion of the definition of ‘‘designated seating position’’ relevant to the above discussion remains unchanged today.2 As discussed below, however, field data regarding vehicle occupancy indicates that there is some ambiguity in the current definition and that it might not always require what we believe should be a full complement of designated seating positions (DSPs) to accommodate real world use. II. Safety Problem Vehicle seat design and motor vehicle crash data indicate that in some instances real world occupancy rates exceed the number of designated seating positions in a vehicle, particularly on bench and split seats. The agency has placed a Preliminary Regulatory Evaluation (PRE) in the docket for this rulemaking that details our findings. Within the report, a survey of vehicle crash and fatality reporting systems data indicates that three passengers are occupying seats designated as having two seating positions (2–DSP seats). The agency reviewed and compared incidents involving three passengers occupying either a 2–DSP rear seat or a rear seat with three designated seating positions (3–DSP seat). Additionally, the PRE shows a significant decrease in the belt usage rate when comparing incidents in which two passengers occupied a 2–DSP seat to incidents in which three passengers occupied a 2–DSP seat. The 1997 to 2001 National Automotive Sampling System (NASS) data indicated a drop in the belt usage rate for these cases from 53.25 percent to 27.67 percent, 2 The definition was amended again in 1995 to allow each wheelchair position to count as four designated seating positions for the purpose of determining vehicle classification in school buses only (57 FR 15504; March 24, 1995). PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 36095 respectively. These FARS data indicate that an occupant is at higher risk when he or she is one of the three occupants in a rear 2–DSP seat than when in a 3– DSP seat. These risks appear to be independent of vehicle size and the presence of padded or carpeted barriers that are intended to limit capacity. Vehicle size may not adequately limit the number of passengers occupying a vehicle seat from exceeding the designated capacity. The fatality rate for a passenger occupying a rear 2–DSP seat together with two other passengers was only slightly lower for occupants in a Geo Metro, a sub-compact, than the average rate for occupants of all vehicles surveyed: 6.02 versus 6.07 fatalities per one million registered vehicles. The rate at which one of the three passengers occupying a 2–DSP seat is killed in a motor vehicle crash also appears to be independent of the presence of physical features, other than those discussed in the next paragraph, intended to limit occupancy. The Chevrolet Camaro, which features a carpeted drive shaft tunnel that separates the two rear designated seating positions, had a similar fatality rate to that of the Ford Mustang. While the Camaro has a carpeted barrier, the Ford Mustang has a rear bench seat with no barrier between the two designated seating positions. The fatality rate for instances of three passengers occupying a 2–DSP seat was actually slightly higher for the Camaro than for the Mustang; 7.81 versus 7.51 fatalities per one million registered vehicles, respectively. Conversely, available data demonstrate that certain physical obstructions in the second row of seating can effectively limit the number of occupants to the number of designated seating positions. The Saturn SC Coupe 2 Door had no FARS fatalities involving three occupants in its 2–DSP second row of seating, and the Acura Integra 2 Door had only 2.44 such fatalities per one million registered vehicles. Both the Saturn SC Coupe and the Acura Integra had a hard plastic console that divides the rear seat into two seating positions, limiting seating capacity. In cases in which the same vehicle model was manufactured in both a twodoor (2–DSP second row seating) and a four-door (3–DSP second row seating) version, the PRE shows that the incident rate for occupants of the rear seat of the two door version, when occupied by three passengers, was two-thirds of that of the four-door version, or higher. While the incident rates may not directly correlate to the frequency of three occupants using a 2–DSP seat, the E:\FR\FM\22JNP1.SGM 22JNP1 36096 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules rates demonstrate that seats designated as having only two seating positions are being used by three occupants. As a result, at least one occupant would not have access to a safety belt assembly. A survey of State Data System (SDS) accident reports compared the two-door (with 2–DSP second row seating) and the four-door (with 3–DSP second row seating) models of the Ford Explorer and the Chevrolet S10 Blazer. The incident rate for second row occupants when three passengers occupied the second row of the two-door Ford was approximately 64 percent of that of the four-door model. For the Chevrolet models, incidents involving three passengers occupying the second row seat for the two-door model occurred at a rate of 78 percent of that of the fourdoor model. III. Proposed Amendments The agency is proposing to amend the definition of ‘‘designated seating position’’ to better ensure that seating position designations more accurately reflect real world occupancy. The proposed amendment would define ‘‘designated seating position’’ based on available hip room as measured according to procedures established by the Society of Automotive Engineers (SAE), with qualifications to provide for measurement of the largest hip room dimension and the incorporation of Hpoint in the measurement procedure. We are also proposing a formula to determine the appropriate number of designated seating positions on bench and split bench seats according to the hip room measurement. The formula proposed in this document would further clarify the appropriate number of designated seating positions for a vehicle seat. We note that while the agency was already working internally to address the safety concerns discussed above, we received a petition for rulemaking from Strategic Safety requesting that the agency establish a more objective method for determining the number of designated seating positions (September 10, 2002; Docket No. NHTSA–2002– 11398–7). Since the agency had already initiated work on the issue raised by Strategic Safety, we view its petition as moot. A. ‘‘Designated seating position’’ If made final, today’s proposal would establish a definition of ‘‘designated seating position’’ that is more reflective of the occupancy rates experienced in the real world. By expressly relying on a hip room measurement for a 5th percentile adult female, instead of the somewhat less precise and less certain VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 criteria of being large enough to accommodate such a person, the definition would provide for more objective determinations of what is a ‘‘designated seating position.’’ We are also making the definition more objective by proposing to remove language that relies on the likelihood that a location will be used as a seat while a vehicle is in motion. Currently, a designated seat position is defined, in part, as: [Any] plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion [.] As evidenced by the current vehicle fleet experience, we believe that the ‘‘likely to be used’’ language does not provide adequate objectivity to determine when a vehicle seat designation is required. This difficulty leads to a safety concern when the number of seating positions designated for a seat differs from the real world occupancy of that seat. Therefore, we are proposing to replace the ‘‘likely to be used’’ language and incorporate the term ‘‘seat,’’ into the definition. In relying on the term ‘‘seat,’’ we recognize that it is not practicable to design a vehicle to prevent all potential occupant misuse of interior positions. However, we believe there is abundant notice to drivers and occupants of light vehicles that the use of safety belts is essential, and therefore, that sitting in a location in a vehicle that is not equipped with a safety belt is inappropriate and dangerous. Vehicle literature and advertising, as well as numerous public outreach programs, inform and remind the public of the need to wear safety belts while riding in a vehicle. Vehicle owner’s manuals are replete with exhortations on the importance of always wearing a safety belt. Further, the warning label required to be on the visor in every light vehicle expressly tells vehicle occupants to wear safety belts always. The public’s awareness of these messages is evidenced by the fact that the national safety belt use rate increased from 71 percent in 2001 to 80 percent in 2004, an all time high. Consistent with the current definition, the proposed definition would be based on accommodating a 5th percentile adult female.3 However, unlike the 3 In examining the fatalities that occurred when a seat was occupied by more occupants than there were occupant protection systems, we found no definite skew toward child fatalities from the age distribution in the FARS data that would indicate PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 current definition, the proposed definition would expressly and exclusively rely on a hip room measurement. A designated seating position would be any seating location that has at least 330 mm (13 inches) of hip room,4 when measured according to the procedure described below. B. Measuring Hip Room NHTSA is proposing to establish a revised procedure for measuring hip room and to place it in a new section, § 571.10, Designation of seating positions. Section 571.10 would set out, with several modifications, the procedure in SAE Recommended Practice J1100 rev. February 2001, ‘‘Motor Vehicle Dimensions,’’ for measuring hip room. Under SAE J1100 rev. February 2001, hip room of a seat is the minimum dimension measured laterally between the interior trim 5 of a vehicle on the ‘‘X’’ plane through the seating reference point (SgRP) within 25 mm (1 inch) below, and 76 mm (3 inches) above the SgRP and 76 mm (3 inches) fore and aft of the SgRP. However, under the proposal, we would use the H-point as a reference as opposed to the SgRP. SgRP is a design point designated by a manufacturer, while the H-point is determined by measurements within the vehicle. Reliance on the H-point would permit making measurements across an array of seat positions, independent of a manufacturer’s designation. While the SAE procedure uses the minimum dimension measured laterally between interior trim of a vehicle on the ‘‘X’’ plane through the seating reference point, the agency is proposing to use the maximum dimension. Further, in the case of adjustable seats, the proposal would use the position that produces the maximum value. These two aspects of the proposal would result in the largest realistic hip room being measured, and thus would more accurately account for all potential seating. Further, the width of a seat would include any void between the seat and the adjacent interior trim or adjacent seat unless the void meets certain dimensional criteria. Hip room would be considered to be continuous under § 571.10, unless there is a separation greater than 150 mm (5.9 a need to consider basing the definition on younger, smaller occupants. 4 The 5th percentile female hip width specified in S7.1.4 of FMVSS No. 208 is of 325 mm (12.8 inches). We rounded the measurement to 330 mm (13 inches) for purposes of the formula proposed below. 5 Interior trim is a molded plastic, fabric or other non-supportive surface within the occupant compartment (e.g., a molded arm rest, a carpeted door panel, etc.). E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules inches) between adjacent seat cushions, or between a seat cushion and the vehicle interior, and the separation contains either: (1) A fixed, unpadded impediment that is at least 5 mm (0.2 inches) higher than the highest point on the upper surface of the seat cushion when viewed in profile, which extends for greater than two-thirds of the horizontal depth of the seat cushions;6 (2) A void that can accommodate a rectangular box 150 mm (5.9 inches) wide, 150 mm (5.9 inches) high, and two-thirds of the horizontal depth of the seat cushion in length, with the box sitting 2 mm (0.08 inches) below each point on the top profile of the seat cushion 7; or (3) A parking brake or gear shift handle, that when placed in the lowest possible position, is at least 25 mm (1.0 inches) higher than the highest point of the seat cushion. These criteria are based on the designs observed in the FARS study and noted in the PRE, which demonstrated that impediments such as carpeted barriers are ineffective at preventing three people from sitting on a seat with only two designated seating positions. The agency requests comments on whether these specifications would result in seat designations more reflective of real world occupancy rates. C. Number of Designated Seating Positions Section 571.10 would also provide equations for use in determining the number of ‘‘designated seating positions’’ on a seat. The proposed equations for calculating the number of designated seating positions would be dependent upon the overall continuous hip room. For seats with less than 1400 mm (55 inches) of hip room, the measured hip room would be divided by 4008 and rounded to the nearest whole number to produce the number of designated seating positions. For example, seats with approximately 1007 mm (39.5 inches) of hip room would be designated as having three seating positions.9 Based on the vehicles surveyed in the PRE, at a seat width of 1007 mm (39.5 6 A surface covered in carpet or other padding would not meet this condition. This is in response to the FARS incident data that showed the carpeted drive shaft tunnel failed to act as an impediment. 7 See Figure 1 of the proposed regulatory text. 8 Other international standards use a similar number to determine the number of seating positions; i.e., Australian Design Rule 5, Section 10; Automobile Type Approval Handbook for Japanese Certification, Section 11–1, Article 22. 9 1007 mm of measured hip room divided by 400 equals 2.5, which would then be rounded up to three. VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 inches) and more, three occupants were more likely to occupy a 2–DSP seat, unless a non-padded barrier was present. Requiring seats at least this width or wider to be designated as having three seating positions would present manufacturers several options for compliance. Manufacturers could comply by redesigning their seats to include the appropriate impediment, provide the necessary void between adjacent seat cushions, or by installing an additional seat belt assembly. We anticipate that manufacturers would be more likely to redesign such seats, if needed, to incorporate an impediment or void as necessary. The potential vehicle packaging and marketing issues associated with the addition of a seat belt assembly, along with compliance implications (e.g., dynamic crash testing, cargo capacity, etc.) would make this option unlikely. Additionally, issues of comfort might arise as a result of three occupants being seated at the location. Space limitations may make it difficult for occupants to use their respective safety belts when three occupants are seated at such a location. For seats with 1400 mm (55 inches) or more of hip room, the measured hip room would be divided by 450 and rounded to the nearest whole number. The purpose of picking 450 as the divisor is to prevent larger 3–DSP seats from having to be designated as 4–DSP seats. The data do not demonstrate a problem with 3–DSP seats being occupied by four passengers, and does not demonstrate the potential for any benefit from such a requirement. In addition, for larger vehicles with longer bench seats (e.g., shuttle buses and limousines), the 450 divisor results in a designated seating position width that aligns with the width typically used by seating manufacturers. The rationale for using two different equations is further discussed in the Benefits and Costs section. Under the current definition, any bench or split bench seat in a passenger car, truck, or multipurpose passenger vehicle with a gross vehicle weight rating (GVWR) less than 4,536 kilograms (10,000 lb), having greater than 1270 mm (50 inches) of hip room shall not have less than three designated seating positions. Under the proposed definition, the calculation for determining the number of designated seating positions on a bench or split seat would apply to all vehicles equipped with such seats regardless of the vehicle weight. D. H-Point This document also proposes to update the definition of ‘‘H-Point,’’ PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 36097 which is referred to in the proposed definition of ‘‘designated seating position.’’ The current definition of ‘‘HPoint’’ references the ‘‘H-Point’’ definition in SAE Recommended Practice J826, ‘‘Devices for use in Defining and Measuring Vehicle Seating Accommodation’’ (1962). Since the establishment of the ‘‘H-point’’ definition in 49 CFR § 571.3, SAE J826 has been updated (revised July 1995) and now refers to SAE J1100 for defining ‘‘H-Point.’’ This rulemaking proposes to reference SAE J1100 directly in defining ‘‘H-point.’’ While SAE J826 has been updated, there has been no significant change to the definition of ‘‘H-Point.’’ Further, the proposed ‘‘H-point’’ definition would specify that the H-point is to be determined using the 3–D test fixture. E. Auxiliary Seating and Safety Belt Anchorages We are proposing to include auxiliary seats and jump seats in the definition of ‘‘designated seating position.’’ Currently, the definition does not include these seats. Since these seats are not designated seating positions, they are not subject to the occupant crash protection requirements applicable to designated seating positions (e.g., safety belt requirements). Presently, the agency urges that all occupants in light vehicles be appropriately restrained when a motor vehicle is in operation. When the agency originally adopted the designated seating position definition, safety belt use rates were well below 20 percent and the focus of the agency was not on temporary seats. Now that safety belt use rates are much higher, the agency is focused on all occupants being properly restrained. This includes those occupants on auxiliary seats. If the proposed definition is adopted, auxiliary seats and folding jump seats would be required to meet all requirements in FMVSSs applicable to designated seating positions, including the requirements of FMVSS No. 210, Seat belt assembly anchorages. Traditionally, manufacturers have classified some side-facing seats in light vehicles as auxiliary or jump seats. The current test procedures for the anchorage strength requirements as specified in S5.2 of FMVSS No. 210 were designed for forward and rear facing seats only. Under S5.2, a force must be applied in the direction in which the seat faces in a plane parallel to the longitudinal centerline of the vehicle. For side-facing seats, including auxiliary or jump seats, the direction that the seat faces is perpendicular to the longitudinal centerline of the E:\FR\FM\22JNP1.SGM 22JNP1 36098 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules vehicle. Consequently, a force cannot be applied simultaneously in the direction that a side-facing seat faces and in a plane parallel to the longitudinal centerline of the vehicle. To permit strength testing of seat belt anchorages at side-facing designated seating positions, we are proposing to amend S5 of FMVSS No. 210 to specify that for side-facing seats, the specified force would be applied in the direction that the seat faces in a vertical plane perpendicular to the longitudinal centerline of the vehicle. F. Preemption Under 49 U.S.C. 30103(b), when a safety standard is in effect under the FMVSSs, a State is preempted from adopting or retaining a standard that imposes a different standard of performance, except for vehicles obtained for its own use. This express preemption clause has been interpreted as limited to State statutes and regulations based on the presence in the Safety Act of a provision stating that compliance with a FMVSS does not exempt ‘‘any person from any liability under common law’’ (49 U.S.C. 30103(c); ‘‘saving clause’’).10 However, neither the express preemption clause (by negative implication) nor the saving clause bars the preemption of state common law in instances in which state law (tort law) conflicts with uniform Federal safety regulations of national applicability.11 The definition of ‘‘designated seating position’’ would be established in the section for common definitions for the FMVSSs to accomplish NHTSA’s essential safety objectives. As described below, differing definitions would not provide the important safety benefits that NHTSA envisions and could instead be detrimental to safety. Hence, any differing requirements would ‘‘prevent or frustrate the accomplishment of a federal objective.’’ Crosby v. National Foreign Trade Council, 530 U.S. 363 (2000). Therefore, if the proposed definition of ‘‘designated seating position’’ would be made final, section 30103(b) would preempt State statutes and regulations requiring the designation of more or different seating positions than those required by that definition. 10 Geier v. American Honda Motor Co., Inc., 529 U.S. 861 (2000). 11 ‘‘[T]he saving clause (like the express preemption provision) does not bar the ordinary working of conflict pre-emption principles.’’ Geier v. American Honda Motor Co., Inc., 529 U.S. 861, 869, emphasis original. Indeed, though we are setting forth the agency’s intention in this particular matter, ‘‘the failure of the Federal Register to address pre-emption explicitly is thus not determinative. Id. at 884. VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 In addition, if made final, this definition of ‘‘designated seating position’’ would preempt any conflicting determinations in state tort law as to whether a location is or ought to be a designated seating position. A tort law determination premised on the designation of more designated seating positions than those required by the proposed definition could have a negative safety impact. Such a determination could result in a location being equipped with a greater number of safety belts than required under the Federal standards. The installation of an excessive number of safety belts might decrease, not increase, safety. Seat belt comfort and convenience are important factors affecting the level of safety belt use. Occupants might be less likely to use safety belts because limited space would make such use difficult or uncomfortable (i.e., if too many safety belts were installed at a location, some occupants may end up sitting on buckles or be prevented from reaching his or her respective belt by the presence of another occupant). The potential for such a scenario would frustrate the efforts of this agency to base the number of designated seating positions, and thus the number of safety belts, on reasonably anticipated occupancy levels. This would hamper our efforts to promote increased safety belt use rates. IV. Benefits and Costs The agency has tentatively determined that there are three ways for manufacturers to address the proposed amendment to DSP: Add a lap/shoulder belt; create a space between the seats to restrict the number of seating positions; and design an impediment to reduce the likelihood of people sitting in between the outboard seats. If manufacturers were to add additional lap/shoulder belts, 5 lives would be saved and 41 AIS 12 2–5 injuries would be prevented annually once the proposal is fully implemented. We believe the other two options would provide somewhat less benefit than supplying a lap/shoulder belt, although we are unable to quantify the benefits of an impediment and void because the benefits are influenced by occupant behavior. The cost of the proposed change in the DSP definition would depend on which options manufacturers implemented, ranging from approximately $12 million to $41.7 million. 12 The AIS or Abbreviated Injury Scale is used to rank injuries by level of severity. An AIS 1 injury is a minor one, while an AIS 6 injury is one that is currently untreatable and fatal. PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 The proposed inclusion of side-facing seats, jump seats, and auxiliary seats in the definition of designated seating position is not reflected in the benefit and cost analysis. The agency is unaware of any current vehicles with side-facing, jump seats, or auxiliary seats that would not already comply with this proposal, if it were made final. Benefits To estimate the number of lives saved and injuries that would be prevented if manufacturers chose to add safety belts, the agency relied on belt use rates, the estimated effectiveness of rear lap/ shoulder belts, and the potential injuries and fatalities to unbelted rear seat occupants. Based on these estimates, the agency has tentatively determined that 5 lives would be saved, and 41 AIS 2–5 injuries would be prevented, annually. To estimate seat belt usage, the agency relied on an adjusted average of the rear seat left, middle, and right positions derived from seat belt use rates generated by the General Estimates System (GES) and National Occupant Protection Use Survey (NOPUS).13 Because GES data rely on reporting from vehicle occupants, it may overstate seat belt use. To correct for this, the agency divided the GES estimates by the seat belt use rate observed in the June 2002 NOPUS study to obtain a conservative usage rate.14 This adjusted factor was then applied to an average of seat belt use rates for the rear left, rear middle, and rear right seat positions to generate a seat belt use rate of 64.6 percent for passenger cars and 64.1 percent for light trucks and vans (LTVs). Based on previous studies, the agency has estimated the effectiveness of lap/ shoulder belts in the rear seat of passenger cars and LTVs as follows: ESTIMATED PERCENT EFFECTIVENESS OF REAR SEAT SAFETY BELTS 1 Passenger cars AIS 2–5 ......................................... Fatalities ....................................... LTVs ............................................. AIS 2–5 ......................................... Rear seat lap/shoulder belt 2 49 44 2 78 13 Data for GES come from a nationally representative sample of police reported motor vehicle crashes of all types, from minor to fatal and relies in part on statements made by vehicle occupants. NOPUS data is generated through direct observation of occupant behavior. 14 Because NOPUS is based on direct observation of occupant behavior as opposed to occupant reporting, the seat belt use rate is less likely to be overstated. E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules 36099 an additional seat belt as required under ESTIMATED PERCENT EFFECTIVENESS three designated seating positions. In OF REAR SEAT SAFETY BELTS 1— this instance, three safety belts would be FMVSS No. 208. FMVSS No. 208 available, and the benefits would be the requires passenger cars, trucks, Continued same as supplying a third safety belt. If a seating position were unavailable (because of a void) or uncomfortable Passenger cars (because of an impediment), an occupant would be less likely to occupy Fatalities ....................................... 73 that space. This would force the extra 1 ‘‘Final Regulatory Impact Analysis Extenpassenger either to forego the trip or to sion of the Automatic Restraint Requirements go in another vehicle. In either instance, of FMVSS No. 208 to Trucks, Buses, and Mul- this reduces the risk of three occupants tipurpose Passenger Vehicles with a Gross Vehicle Weight Rating of 8,500 Pounds or occupying a 2–DSP seat. If a seating Less and an Unloaded Vehicle Weight of position is unavailable (because of a 5,500 Pounds or Less,’’ NHTSA, Plans and void) or uncomfortable (because of an Policy, Office of Regulatory Analysis, Novem- impediment), but three occupants sit in ber 1990. the back seat regardless, no benefits will 2 Assumed based on 5 percent increase in effectiveness of front seat AIS 2–5 injuries accrue. Although we cannot estimate the over fatalities. benefits of a void or impediment, it The agency then estimated the appears that the overall benefits of potential injuries and fatalities that providing a void or impediment would would occur if in instances in which three passengers occupied a second row be somewhat less than supplying a lap/ shoulder belt. seat with two designated seating positions and none of these passengers Costs were restrained, to be 77 AIS 2–5 The cost of the proposed amendments injuries and 21 fatalities. The agency would depend on whether a vehicle also estimated the potential injuries and manufacturer maintained the two fatalities for LTV occupants in the same seating position designation for a circumstances to be 111 AIS 2–5 vehicle’s rear seat or if the manufacturer injuries and 13 fatalities. All rear seat increased the designated number of occupants were included in the analysis seating positions for the rear seat to after initially concluding that the three. If a manufacturer were to improper seating configuration would maintain a seat’s 2–DSP designation potentially affect all rear seat belt usage. under the proposed definition, it could The belt usage data showed a significant design an appropriate impediment decrease in rate when comparing between seat cushions or design an incidents in which two passengers appropriate void. While there has been occupied a 2–DSP seat to incidents in no detailed analysis of the cost of which three passengers occupied a 2– installing an impediment, the agency DSP seat; 53.25 percent belted rate has estimated a cost based on the versus 27.67 percent belted rate, dealership retail prices. The total cost of respectively. installing a rear seat console to impede To compute the potential injuries usage in passenger cars is approximately prevented and lives saved, the agency $8.03 million (688,207 × $11.67) and in multiplied the number of potential LTVs is approximately $3.94 million injuries by the effectiveness of the lap/ (337,761 × $11.67). The actual cost may shoulder belt and by the belt usage rate. be less than the estimated amount since This resulted in an estimation of 11 AIS the agency did not assume a decrease in 2–5 injuries and 2 fatalities prevented seat cost for the reduction of the seat for passenger car occupants and 30 AIS foam material needed. 2–5 injuries and 3 fatalities prevented A manufacturer may also choose to for LTV occupants. For a detailed employ a void. For passenger cars, discussion of the benefits calculation, incorporation of a void in the rear seats see the preliminary regulatory may produce no added cost; material evaluation placed in the docket for this could be taken out, but the seat would rulemaking. have to be stitched (more labor) to have The benefits of incorporating a void or the void appear finished. Manufacturers an impediment depend upon the could also replace a bench seat with two occupant’s response to the void or bucket seats. We estimate the additional impediment. In some scenarios, the cost for substitution at $18.33 per benefits would be the same as providing replaced bench seat. If all affected a lap/shoulder belt; i.e., at the time of vehicles had bench seats replaced with a vehicle purchase, if a consumer bucket seats, the total cost would be recognizes that there is not enough room approximately $18.88 million. for an additional passenger, even for A manufacturer could also choose to occasional trips, the consumer may increase the number of designated choose another model vehicle that has seating positions at a seat and provide Rear seat lap/shoulder belt VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 multipurpose passenger vehicles or buses with a GVWR less than 4,356 kilograms (10,000 pounds) to have seat belt assemblies for each designated seating position. The agency recently published a final rule requiring lap/ shoulder belt assemblies in the rear center designated seating positions (69 FR 70904; December 8, 2004; Docket No. NHTSA–04–18726; Notice 1). Therefore, it used the cost of the lap/shoulder belt assembly in that rulemaking to estimate the cost of this compliance option. For this analysis, the agency relied on an estimated average cost of installing a lap/shoulder belt in the rear center seat of $29.85.15 For LTVs, the agency expects the rear center seat belt costs to be similar to those of passenger cars. Again, using the model year 2003 sales figure, we estimate that the cost for installing lap/shoulder belts in the rear center seats of vehicles with an increased number of designated seating positions would be approximately $30.74 million (1.03 million vehicles × $29.85). For some vehicles, the addition of a seat belt assembly to the rear center seat would also require reinforcement of the seat to accommodate an anchorage for the shoulder portion of a lap/shoulder seat belt assembly. The rear seat of passenger cars and pick up trucks would not need to be reinforced because the anchors for the shoulder belt could be attached to the back package shelf or down to the floor frame of the vehicle without impinging on the floor space or trunk space. However, this would not be the case for passenger vans and sport utility vehicles (SUVs). In those instances, the floor space where an anchorage may be required would be located in occupant or cargo space. Therefore, the anchorage would need to be attached to the seat itself and the seat would need to be reinforced. This reinforcement would cost $32.79 ($2003) per seating position. The agency estimates that 337,76116 vehicles would need to reinforce the rear seat to accommodate an additional seat belt assembly. The total cost of strengthening the rear seats of passenger vans and SUVs to accommodate the shoulder portion of the lap/shoulder belt would be $11.08 million ($32.79 × 337,761 vehicles). This would bring the total cost for adding lap/shoulder belts to the rear seats of motor vehicles increasing the second row seating 15 In year 2003 dollars ($2003). on estimated model year 2003 sales of passenger vans and SUVs. 16 Based E:\FR\FM\22JNP1.SGM 22JNP1 36100 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules position from 2–DSP to 3–DSP to $41.7 million ($2003). As previously stated, the proposed equation for calculating the number of designated seating positions varies depending on overall hip room; for seats with less than 1400 mm of hip room, the hip room is divided by 400, while a hip room measurement of anything equal to greater than 1400 mm would be divided by 450. If we used a divisor of 400 for all seats, regardless of width, a seat with 1400 mm of hip room would increase from 3–DSP under the existing definition in section 571.3 to a 4–DSP seat. Benefits for such a redesignation would be minimal because the rate at which four persons occupy a seat location currently designated as a 3– DSP seat is low. Further, the number of LTVs that would need to be modified would increase by approximately 3.4 times, resulting in cost range of $40.53 million to $217.6 million. V. Incorporation by Reference Under 1 CFR part 51, Incorporation by Reference, the agency must declare that the Director of the Federal Register has approved incorporation by reference of a publication into a regulation. If made final, this proposal would amend the general incorporation by reference provision at § 571.5, Matters incorporated by reference, to include a centralized index of all of the publications incorporated into part 571. VI. Effective Date If adopted, the amendments proposed in this rulemaking action would become effective on the third September 1st after the date of publication of a final rule in the Federal Register. For example, if a final rule were adopted on December 1, 2005, the rule would be effective beginning September 1, 2008. As stated above, we anticipate that manufacturers would incorporate a void or barrier in 2–DSP vehicle seats that, as currently configured, would become classified as having three designated seating positions. This would require less redesign than equipping these seats with an additional seat belt assembly. Based on this assumption, we have tentatively concluded that a minimum of two years would be adequate time for manufacturers to make any necessary changes. We request comment on this tentative conclusion. VII. Request for Comments How Do I Prepare and Submit Comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21.) We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. Please submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES. Comments may also be submitted to the docket electronically by logging onto the Docket Management System website at https://dms.dot.gov. Click on ‘‘Help & Information’’ or ‘‘Help/Info’’ to obtain instructions for filing the document electronically. If you are submitting comments electronically as a PDF (Adobe) file, we ask that the documents submitted be scanned using Optical Character Recognition (OCR) process, thus allowing the agency to search and copy certain portions of your submissions.17 Please note that pursuant to the Data Quality Act, in order for substantive data to be relied upon and used by the agency, it must meet the information quality standards set forth in the OMB and DOT Data Quality Act guidelines. Accordingly, we encourage you to consult the guidelines in preparing your comments. OMB’s guidelines may be accessed at https://www.whitehouse.gov/ omb/fedreg/reproducible.html. DOT’s guidelines may be accessed at https:// dmses.dot.gov/submit/ DataQualityGuidelines.pdf. How Can I Be Sure That My Comments Were Received? If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. How Do I Submit Confidential Business Information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given above under FOR FURTHER INFORMATION 17 Optical character recognition (OCR) is the process of converting an image of text, such as a scanned paper document or electronic fax file, into computer-editable text. PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 CONTACT. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES. When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR Part 512.) Will the Agency Consider Late Comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments that Docket Management receives after that date. If Docket Management receives a comment too late for us to consider in developing a final rule (assuming that one is issued), we will consider that comment as an informal suggestion for future rulemaking action. How Can I Read the Comments Submitted by Other People? You may read the comments received by Docket Management at the address given above under ADDRESSES. The hours of the Docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps: (1) Go to the Docket Management System (DMS) Web page of the Department of Transportation (https:// dms.dot.gov/). (2) On that page, click on ‘‘Simple Search.’’ (3) On the next page (https:// dms.dot.gov/search/), type in the fourdigit docket number shown at the beginning of this document. Example: If the docket number were ‘‘NHTSA– 1998–1234,’’ you would type ‘‘1234.’’ After typing the docket number, click on ‘‘Search.’’ (4) On the next page, which contains docket summary information for the docket you selected, click on the desired comments. You may download the comments. However, since the comments are imaged documents, instead of word processing documents, the downloaded comments are not word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules periodically check the Docket for new material. VIII. Rulemaking Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993), provides for making determinations whether a regulatory action is ‘‘significant’’ and therefore subject to Office of Management and Budget (OMB) review and to the requirements of the Executive Order. The Order defines a ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budget impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. This document proposes to amend the definition of designated seating position in 49 CFR 571.3. The proposed amendment would provide an objective procedure for determining the number of designated seating positions present in a vehicle, and provide manufacturers with a more objective method for delineating designated seating positions. Under the proposed definition, manufacturers could maintain a vehicle’s current number of designated seating positions by incorporating design changes at a cost of $11.97 million. By way of example, the Subaru Baja is currently equipped with a barrier that would maintain a 2–DSP designation for the second row seat under the proposed amendment. Further, several previous vehicle models, e.g., the Saturn SC Coupe and Acura Integra 2-door, were similarly equipped. This rulemaking document was not reviewed by the Office of Management and Budget under E.O. 12866. It is not considered to be significant under E.O. 12866 or the Department’s Regulatory Policies and Procedures (44 FR 11034; February 26, 1979). The agency has prepared a regulatory evaluation as required by the DOT policies and VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 procedures. A copy of that evaluation has been placed in the docket for this rulemaking. B. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., NHTSA has evaluated the effects of this proposed action on small entities. I hereby certify that this notice of proposed rulemaking would not have a significant impact on a substantial number of small entities. The following is the agency’s statement providing the factual basis for the certification (5 U.S.C. 605(b)). If adopted, the proposal would directly affect motor vehicle manufacturers and motor vehicle seat manufacturers. According to the size standards of the Small Business Association (at 13 CFR Part 121.601), the size standard for manufacturers of ‘‘Automobile Manufacturing’’ (NAICS Code 336111) is 1,000 employees or fewer. Manufacturers of vehicle seats are considered manufacturers of ‘‘Motor Vehicle Seating and Interior Trim Manufacturing’’ (NAICS Code 336360). The size standard for NAICS Code 336360 is 500 employees or fewer. The majority of motor vehicle manufacturers would not qualify as a small business. These manufacturers, along with manufacturers that do qualify as a small business, would be able to maintain the current vehicle designated seating position designation through design changes outlined in the proposed definition. The definition would not require vehicles to have a certain number of designated seating positions, but would provide an objective metric to define the number of designated seating positions for a given seat. Most of the seat manufacturers have 500 or fewer employees. But again, if design changes are required to maintain a seats 2–DSP designation, this could be done by designing a void to the specifications in the proposed definition at a minimal cost per seat. Accordingly, there would be no significant impact on small businesses, small organizations, or small governmental units by these amendments. For these reasons, the agency has not prepared a preliminary regulatory flexibility analysis. C. Executive Order No. 13132 NHTSA has analyzed this proposed rule in accordance with the principles and criteria set forth in Executive Order 13132, Federalism and has determined that this proposal does not have sufficient Federal implications to warrant consultation with State and local officials or the preparation of a PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 36101 Federalism summary impact statement. The proposal would not have any substantial impact on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials. The proposed 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. The proposed rule is not intended to preempt state tort civil actions, except that the determination in those actions of what is a ‘‘designated seating position’’ would be governed by the definition and procedure contained in the Federal motor vehicle safety standards. We are unaware of any State standards or determinations setting forth a conflicting definition of ‘‘designated seating position.’’ Therefore, the agency believes that federalism implications from this preemption would be minor. D. National Environmental Policy Act NHTSA has analyzed this proposal for the purposes of the National Environmental Policy Act. The agency has determined that implementation of this action would not have any significant impact on the quality of the human environment. E. Paperwork Reduction Act This proposed amendment does not contain any collection of information requirements requiring review under the Paperwork Reduction Act of 1995 (Pub. L. 104–13). F. National Technology Transfer and Advancement Act Under the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104–113), ‘‘all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments.’’ The proposed amendment is based on the technical standard SAE J1100 ‘‘Motor Vehicle Dimensions,’’ revised February 2001 and incorporate SAE J826 ‘‘Devices for use in Defining and Measuring Vehicle Seating Accommodations,’’ revised July 1995. While the procedure for measuring hip room would be based on SAE J1100, the proposed procedure include several qualifiers. First, the proposed procedure would use the H-point rather than the SgRP. Second, the proposed procedure would use the maximum dimension E:\FR\FM\22JNP1.SGM 22JNP1 36102 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules measured laterally between the trimmed surface on the ‘‘X’’ plane through the HPoint rather than the minimum. In addition, in the case of adjustable seats, the proposed procedure would use the position that would produce the maximum value. These qualifiers would allow for the largest realistic hip room to be measured, which would account for all potential seating. Finally, this proposal clearly states what is to be considered continuous seating area for the purposes of measuring hip room. This qualifier would objectively define what constitutes a discontinuity, i.e., an impediment or void between seat cushions that would be considered sufficient to prevent occupant use. G. Civil Justice Reform This proposal would not have any retroactive effect. Under 49 U.S.C. 21403, 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. As explained above, we are further proposing that the definition of ‘‘designated seating position’’ established in the Federal motor vehicle safety standards preempt State law, including State tort law, from establishing a definition that is not identical. We have tentatively determined that such preemption is required to eliminate the potential for varying definitions, which could result in a loss in safety. 49 U.S.C. 21461 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. H. 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). This rulemaking would not result in expenditures by State, local or tribal governments, in the aggregate, or by the private sector in excess of $100 million annually. VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 I. Executive Order 13045 L. Regulation Identifier Number (RIN) Executive Order 13045 (62 FR 19885, April 23, 1997) 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 proposed rule is not subject to the Executive Order because it is not economically significant as defined in E.O. 12866 and does not involve decisions based on environmental, health, or safety risks that disproportionately affect children. The proposed rule, if made final, would amend the definition of ‘‘designated seating position.’’ 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. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, 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 https://dms.dot.gov. J. Executive Order 13211 List of Subjects in 49 CFR Part 571 Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any rule that: (1) is determined to be economically significant as defined under E.O. 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. If made final, this rulemaking would not be a significant energy action. Therefore, this proposal was not analyzed under E.O. 13211. Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires. K. Plain Language Executive Order 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this proposal. PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 M. Privacy Act PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS In consideration of the foregoing, NHTSA proposes to amend 49 CFR Part 571 as follows: 1. The authority citation for part 571 would continue to read as follows: Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50. 2. 49 CFR 571.3(b) would be amended by revising the definition of ‘‘designated seating position’’ and ‘‘H-point’’ to read as follows; § 571.3 Definitions. * * * * * (b) * * * Designated seating position means a seat location that has at least 330 mm (13 inches) of hip room measured according to § 571.10(b) of this part. The number of designated seating positions at a seat location is determined according to the procedure set forth in § 571.10(a) of this part. For the sole purpose of determining the classification of any vehicle sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events, any location in such vehicle intended for securement of an occupied wheelchair during vehicle operation is E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules regarded as four designated seating positions. * * * * * H-Point means the Pivot Center of the torso and thigh on the ThreeDimensional device used in defining and measuring vehicle seating accommodation, as defined in SAE Recommended Practice J1100 rev. February 2001. * * * * * 3. 49 CFR 571.5 would be revised to read as follows: § 571.5 Incorporations by reference. (a) The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval unless a date is specified, and notice of any change in these materials will be published in the Federal Register. The materials are available for purchase at the corresponding addresses noted below, and all are available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC 20001 and at the Office of Vehicle Safety Standards, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. (b) The following materials are available for purchase from the American Association of Textile Chemists and Colorists (AATCC). Information and copies may be obtained by writing to: AATCC, 1 Davis Dr., P.O. Box 12215, Research Triangle Park, NC 27709. (1) AATCC Geometric Gray Scale, incorporation by reference (IBR) approved for S4.2 and S5.1 of § 571.209. (2) AATCC Test Method 381, Fungicides Evaluation on Textiles; Mildew and Rot Resistance of Textiles: Test I, Soil Burial Test; Appendix A(1) and Appendix A(2), IBR approved for S4.2 and S5.1 of § 571.209. (c) The following materials are available for purchase from the American National Standards Institute (ANSI). Information and copies may be obtained by writing to: ANSI, 1700 North Moore St., Suite 1540, Arlington, VA 22209–1903. (1) Determination of Coefficient of Friction of Test Surfaces, WC/Vol I– 1998, Section B, IBR approved for S7.2.2 of § 571.403. (2) Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 Highways-Safety Standard, ANSI/SAE Z26.1–1996, Approved on August 11, 1997, IBR approved for S5.1, S5.2, S5.4, S5.5, S6.2, and S6.3 of § 571.205. (d) The following materials are available for purchase from the American Society for Testing and Materials (ASTM). Information and copies may be obtained by writing to: ASTM, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428– 2959. (1) ASTM 1003–92, Haze and Luminous Transmittance of Transparent Plastic, IBR approved for S5.1.2 of § 571.108. (2) ASTM B 117–64, Standard Method of Salt Spray (Fog) Testing, IBR approved for S6.9 of § 571.106; and S7.8.5.1, S8.4, and S8.10.2 of § 571.108. (3) ASTM B 117–73, Standard Method of Salt Spray (Fog) Testing, IBR approved for S7.8.5.1 and S8.4 of § 571.108; S6.1.1 of § 571.125; and S5.2 of § 571.209. (4) ASTM B 117–97, Standard Practice for Operating Salt Spray (Fog) Apparatus, IBR approved for S7.3.2 of § 571.403. (5) ASTM B 456–79, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium, IBR approved for S4.3 of § 571.209. (6) ASTM B 456–95, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium, IBR approved for S5.3 of § 571.403. (7) ASTM C 150–77, Standard Specification for Portland Cement, IBR approved for S8.5 of § 571.108. (8) ASTM D 362–84, Standard Specification for Industrial Grade Toluene, IBR approved for S8.3 of § 571.108; and S5.1.1.1 of § 571.205. (9) ASTM D 445–65 Standard Method of Test for Viscosity of Transparent and Opaque Liquids (Kinematic and Dynamic Viscosity), IBR approved for S6.3.3 of § 571.116. (10) ASTM D 484–71, Standard Specifications for Hydrocarbon Dry Cleaning Solvents: Table 1, IBR approved for S7.1.1 of § 571.301. (11) ASTM D 756–78, Standard Practice for Determination of Weight and Shape Changes of Plastics and Accelerated Service Conditions, IBR approved for S5.2 of § 571.209. (12) ASTM D 1003–92, Haze and Luminous Transmittance of Transparent Plastic, IBR approved for S5.1.2 of § 571.108. (14) ASTM D 1056–73, Standard Specification for Flexible Cellular Materials—Sponge or Expanded Rubber, IBR approved for S6.3.1 of § 571.213. PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 36103 (15) ASTM D 1121–67, Standard Method of Test for Reserve Alkalinity of Engine Antifreezes and Antirusts, IBR approved for S6.4.2 of § 571.116. (16) ASTM D 1123–59, Standard Method of Test for Water in Concentrated Engine Antifreezes by the Iodine Reagent Method, IBR approved for S7.2 of § 571.116. (17) ASTM D 1193–70, Standard Specifications for Reagent Water, IBR approved for S7.1 of § 571.116. (18) ASTM D 1415–68, Standard Method of Test for International Hardness of Vulcanized Natural and Synthetic Rubbers, IBR approved for S7.4.1 of § 571.116 (19) ASTM D 1564–71, Standard Method of Testing Flexible Cellular Materials—Slab Urethane Foam, IBR approved for S6.3.1 of § 571.213. (20) ASTM D 1565–76, Standard Specification for Flexible Cellular Materials—Vinyl Chloride Polymer and Copolymer open-cell foams, IBR approved for S6.3.1 of § 571.213. (21) ASTM D 2515–66, Standard Specifications for Kinematic Glass Viscosity, IBR approved for S6.3.2 and S6.3.6 of § 571.116. (22) ASTM D 4956–90, Standard Specification for Retroreflective Sheeting for Traffic Control, for Type V Sheeting, IBR approved for S5.7.1.2 of § 571.108. (23) ASTM E 1–68, Standard Specifications for ASTM Thermometers, IBR approved for S6.1.2 and S6.3.2 of § 571.116. (24) ASTM E 4–64, Verification of Testing Machines, IBR approved for S6.4 and S8.9 of § 571.106. (25) ASTM E 4–79, Standard Methods of Load Verification of Testing Machines, IBR approved for S5.1 of § 571.209. (26) ASTM E 8–89, Standard Test Methods of Tension Testing of Metallic Materials (Volume 03.01 of the 1989 Annual Book of ASTM Standards), IBR approved for S6.2 and S6.3.1 of § 571.209. (27) ASTM E 77–66, Standard Method for Inspection, Test and Standardization of Liquid-in-Glass Thermometers, IBR approved for S6.3.3 of § 571.116. (28) ASTM E 274–65T, IBR approved for S8.2.5 and S8.3.2 of § 571.208; and S7.5.4 of § 571.301. (29) ASTM E 274–70 (as revised July, 1974), IBR approved for S4 of § 571.105; and S4 of § 571.122. (30) ASTM E 298–68, Standard Methods for Assay of Organic Peroxides, IBR approved for S6.11.3 of § 571.116. (31) ASTM E 1136, Standard Specification for A Radial Standard Reference Test Tire, IBR approved for S6.9.2 of § 571.105; S5.3.6.1 and S6.1.7 E:\FR\FM\22JNP1.SGM 22JNP1 36104 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules of § 571.121; S6.2.1 of § 571.122; and S6.2.1 of § 571.500. (32) ASTM E 1337–90, Standard Test Method for Determining Longitudinal Peak Braking Coefficient of Paved Surfaces Using a Standard Reference Test Tire, IBR approved for S6.9.2 of § 571.105; S5.3.6.1 and S6.1.7 of § 571.121; S6.2.1 of § 571.122; S6.2.1 of § 571.135; and S6.2.1 of § 571.500. (33) ASTM G 23–81, Standard Practice for Generating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials, IBR approved for S5.1 of § 571.209. (34) 1985 Annual Book of ASTM Standards, Vol. 5.04, ‘‘Motor Fuels,’’ Section I, A2.3.2, A2.3.3 and A2.7 of Annex 2, IBR approved for S8.3 of § 571.108; and S5.1.1.1 of 571.205. (35) 1989 Annual Book of ASTM Standards, IBR approved for S6.1.3, S6.2, and S6.2, of § 571.221. (e) The following materials are available from the General Services Administration (GSA). Information and copies may be obtained by writing to: GSA, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: Federal Specification L–S–300 1965, Sheeting and Tape Reflective: None exposed Lens, Adhesive Backing, IBR approved for S5.1.1.4 of § 571.108. (f) The following materials are available for purchase from the Illuminating Engineering Society (IES) of North America. Information and copies may be obtained by writing to: IES, 120 Wall St., 7th Floor, New York, NY 10005: LM–45 IES Approved Method for Electrical and Photometric Measurements of General Service Incandescent Filament Lamps (April 1980), IBR approved for S7.7 of § 571.108. (g) The following materials are available from the Department of Defense. Information and copies may be obtained by writing to: Department of Defense, DODSSP Standardization Document Order Desk, 700 Robbins Ave., Philadelphia, PA 19111–5098 (1) MIL–S–13192, Shoes, Men’s, Dress, 1976, IBR approved for S8.27.2 of § 571.201; and S6.13.2 of § 571.214. (2) MIL–S–13192P, 1988, Military Specification, Shoes, Men’s Dress, Oxford, Amendment 1, October 14, 1994, IBR approved for S8.1.8.2 of § 571.208. (3) MIL–S–21711E, 1982, Military Specification, Shoes, Women’s, Amendment 2, October 14, 1994, IBR approved for S16.2.5 of § 571.208. (h) The following materials are available from the National Health Survey Data. Information and copies VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 may be obtained by writing to: National Health Survey Data, Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: 5th percentile adult female and 95th percentile adult male: Public health service Pub. No. 1000, Series 11, No. 8, ‘‘Weight, Height, and Selected Body Dimensions of Adults,’’ 1965, IBR approved for § 571.3. (i) The following materials are available from the National Highway Traffic Safety Administration. Information and copies may be obtained by writing to: NHTSA, Office of Vehicle Safety Standards, DOT–NHTSA, 400 7th St., SW., Washington, DC 20590. (1) Drawing Package, SAS–100–1000, Addendum A, Seat Base Weldment, dated October 23, 1998, IBR approved for S5.9 and S6.1.1 of § 571.213. (2) NHTSA Standard Seat Assembly; FMVSS No. 213, No. NHTSA–213–2003, dated June 3, 2003, IBR approved for S5.9 and S6.1.1of § 571.213. (j) The following materials are available for purchase from the Society of Automotive Engineers, Inc. (SAE). Information and copies may be obtained by writing to: SAE, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096. (1) SAE J100, revised June 1995, Class ‘A’ Vehicle Glazing Shade Bands, IBR approved for S5.3 of § 571.205. (2) SAE J186a, Supplemental High Mounted Stop and Rear Turn Signal Lamps, September 1977, IBR approved for S5.1.1.27 and S6.1 of § 571.108. (3) SAE J211–1980 Instrumentation for Impact Tests, IBR approved for S5.9 and S6.1.1 of § 571.213; and S7.1.9 of § 571.218. (4) SAE J211–1995 Instrumentation for Impact Tests ‘‘Part 1 and 2, March 1995, IBR approved for S8.27.5 of § 571.201. (5) SAE J211/1, Revised March 1995, Instrumentation for Impact Tests—Part 1, Electronic Instrumentation, IBR approved for S5.2.5(b), S5.3.8, S5.3.9, and 5.3.10 of § 571.202a; S4.13, S6.6, S13.1, S15.36, S19.4.4, S21.5.5, S23.5.5, and S25.4 of § 571.208; and S5.2 and S6.2.3 of § 571.403. (6) SAE J211a–1971, Instrumentation for Impact Tests, IBR approved for S6.6.2 and S6.7.2 of § 571.222. (7) SAE J222–1970, Parking Lamps (Position Lamps), IBR approved for S5.1.6 and Table III of § 571.108. (8) SAE J227a FEB 1976, Electric Vehicle Test Procedure, IBR approved for S6.3.11.1 of § 571.135. (9) SAE J387–NOV 1987, Terminology-Motor Vehicle Lighting, IBR approved for S5.1.1.11, S5.4, and S6.1 of § 571/108. PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 (10) SAE J527–1967, Brazed Double Wall Low Carbon Steel Tubing, IBR approved for S6.13.3 of § 571.116. (11) SAE J564a–1964, Headlamp Beam Switching, IBR approved for S5.5.1 and S5.5.2 of § 571.108. (12) SAE J565b–1969, SemiAutomatic Beam Switching Devices, IBR approved for S5.5.1 of § 571.108. (13) SAE J566–1960, Headlamp Mountings, IBR approved for Table III of § 571.108. (14) SAE J567b–1970, Bulb Sockets, IBR approved for Table III and Table IV of § 571.108. (15) SAE J573d–1968, Lamp Bulbs and Sealed Units, IBR approved for S5.1.1.16, S5.1.1.17, Note 2 and 3 of Table IV of § 571.108. (16) SAE J575 DEC88, Tests for Motor Vehicle Lighting Devices and Components, IBR approved for S6.1, S7.8.5.3, S11, Note 2 and Note 3 of Table IV of § 571.108. (17) SAE J575, July 1983, Tests for Motor Vehicle Lighting Devices and Components, IBR approved for S6.2.3 of § 571.131. (18) SAE J575d–1967, Test for Motor Vehicle Lighting Devices and Components, IBR approved for S5.8.3, S5.8.4, S11, and Table III of § 571.108. (19) SAE J575e–1970, Test for Motor Vehicle Lighting Devices and Components, IBR approved for S6.1 and S8.8 of § 571.108. (20) SAE J576 JUL91, Plastic Materials for Use in Optical Parts, such as Lenses and Reflectors, of Motor Vehicle Lighting Devices, IBR approved for S5.1.2 of § 571.108. (21) SAE J578, May 1988, Color Specification, IBR approved for S5.5.11 of § 571.108; and S6.2.1 of § 571.131. (22) SAE J578, revised June 1995, Color Specification, IBR approved for S5.1 and S6.14 of § 571.403. (23) SAE J578c–1977, Color Specification for Electric Signal Lighting Devices, IBR approved for S5.1.2 and S5.1.5 of § 571.108. (24) SAE J580–1986, Sealed Beam Headlamp Assembly, IBR approved for S7.3.2, S7.3.7, S7.3.8, S7.4, and S8.4 of § 571.108. (25) SAE J584–1964, Motorcycle and Motor Driven Cycle Headlamps, IBR approved for S7.9.1 and S7.9.2 of § 571.108. (26) SAE J584 OCT93, Motorcycle Headlamps, IBR approved for S7.9.3 of § 571.108. (27) SAE J585d–1970, Tail Lamps (Rear Position Lights), IBR approved for S5.8.8 and S6.1 of § 571.108. (28) SAE J585e–1977, Tail Lamps (Rear Position Lights), IBR approved for S5.1.1.6, S6.1, Table I and Table III of § 571.108. E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules (29) SAE J586b–1966, Stop Lights, IBR approved for S5.8.3 of § 571.108. (30) SAE J586c–1970, Stop Lights, IBR approved for S5.8.3, S5.8.6, and S6.1 of § 571.108. (31) SAE J586 NOV84, Stop Lamps Used on Motor Vehicles Less than 2032 mm in Overall Width, IBR approved for S6.1 and Table III of § 571.108. (32) SAE J587–1981, License Plate Lamps (Rear Registration Plate Lamps), IBR approved for Table I and Table III of § 571.108. (33) SAE 588d–1966, Turn Signal Lamps, IBR approved for S5.8.4 and S5.8.9 of § 571.108. (34) SAE 588e–1970, Turn Signal Lamps, IBR approved for S5.1.1.1, S5.5.6, S5.8.4, S5.8.5, S5.8.6, S5.8.7, and S6.1 of § 571.108. (35) SAE 588 NOV84, Turn Signal Lamps for Use on Motor Vehicles Less than 2032 mm in Overall Width, IBR approved for S5.1.1.7, S6.1, and Table III of § 571.108. (36) SAE J589–1964, Turn Signal Switch, IBR approved for Table I and Table III of § 571.108. (37) SAE J590b–1965, Automotive Turn Signal Flasher, IBR approved for S5.1.1.19, Table I and Table III of § 571.108. (38) SAE J592–1992, Clearance, Sidemarker, and Identification Lamps, IBR approved for S5.2.3.3 of § 571.121. (39) SAE J592e–1972, Clearance, Sidemarker, and Identification Lamps, IBR approved for S5.1.1.8 and Table I of § 571.108; and S5.2.3.3 of § 571.121. (40) SAE J593c–1968, Backup Lamps, IBR approved for S5.1.1.18, S5.3.1.5, Table I, and Table III of § 571.108. (41) SAE J594f–1977, Reflex Reflectors, IBR approved for S5.1.1.4, S5.7.2.1, Table I, and Table III of § 571.108. (42) SAE J602–1980, Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units, IBR approved for S6.1 and S7.8.5.1 of § 571.108. (43) SAE J726–1979, Recommended Practice, Air Cleaner Test Code, IBR approved for S5.2 of § 571.209. (44) SAE J759–1995, Recommended Practice, Lighting Identification Code, IBR approved for S5.2.3.3 of § 571.121. (45) SAE J787g 1966, Motor Vehicle Seat Belt Anchorage, IBR approved for § 571.3. (46) SAE J800c–1973, Recommended Practice, Motor Vehicle Seat Belt Installations, IBR approved for S4.1 of § 571.209. (47) SAE J826–1980, Devices for Use in Defining Vehicle Seating Accommodations, IBR approved for S5.1 and S5.2 of § 571.202; S10.4.2.1 of § 571.208; and S7.2.1 of § 571.214. VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 (48) SAE J826 May 87, Devices for Use in Defining and Measuring Vehicle Seating Accommodations, IBR approved for S4.3.2 of § 571.210. (49) SAE J826–1992, Devices for Use in Defining and Measuring Vehicle Seating Accommodations, IBR approved for S6.2.1.1, S6.2.2, and S6.2.2.1 of § 571.225. (50) SAE J826 rev. July 1995, Devices for Use in Defining and Measuring Vehicle Seating Accommodations, IBR approved for § 571.10 and S3, S5, S5.1, S5.1.1, S5.2, S5.2.1, S5.2.2, and S5.2.7 of § 571.202a. (51) SAE J839b–1965, Passenger Car Side Door Latch System, IBR approved for S5.3.1 of § 571.201 (52) SAE J839–1991, Passenger Car Side Door Latch System, IBR approved for S5.1.1.1, S5.1.1.2 and S5.2.1 of § 571.206 (53) SAE J887–1964, School Bus Red Signal Lamps, IBR approved for S5.2.1, S5.1.4, and S5.1.5 of § 571.108. (54) SAE J902–1964, Recommended Practice, Passenger Car Windshield Defrosting Systems, IBR approved for S4.2 and S4.3 of § 571.103. (55) SAE J902a–1967, Passenger Cart Windshield Defrosting Systems, IBR approved for S4.3 of § 571.103. (56) SAE J903a–1966, Passenger Car Windshield Wiper Systems, IBR approved for S3, S4.1.1.4, S4.1.2, S4.1.2.1, S4.2.1, and S4.2.2 of § 571.104. (57) SAE J910–1966, Vehicle Hazard Warning Signal Flasher, IBR approved for Table I and Table III of § 571.108. (58) SAE J921–1965, Recommended Practice, Instrument Panel Laboratory Impact Test Procedure, IBR approved for S5.1.2 and S5.2.2 of § 571.201. (59) SAE J934–1982, Recommended Practice, Vehicle Passenger Door Hinge Systems, IBR approved for S5.1.2 and S5.2.2 of § 571.206. (60) SAE J941–1965, Passenger Car Driver’s Eye Range, IBR approved for S3 of § 571.104. (61) SAE J942–1965, Passenger Car Windshield Washer System, IBR approved for S4.2.1 and S4.2.2 of § 571.104. (62) SAE J944–JUN80, Steering Control System-Passenger CarLaboratory Test Procedure, IBR approved for S5.1 of § 571.203. (63) SAE J944 1965, Steering Wheel Assembly Laboratory Test Procedure, IBR approved for S5.1 of § 571.203. (64) SAE J945b–1966, Vehicular Hazard Warning Signal Flashers, IBR approved for Table I and Table III of § 571.108. (65) SAE J964 OCT84, Test Procedure for Determining Reflectivity of Rear View Mirrors, IBR approved for S11 of § 571.111. PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 36105 (66) SAE J972–1966, Moving Barrier Collision Test, IBR approved for S19 of § 571.105. (67) SAE J977–1966, Instrumentation for Laboratory Impact Tests, IBR approved for S5.1.2 and S5.2.2 of § 571.201. (68) SAE J1100 JUN84, Motor Vehicle Dimensions, IBR approved for S4.3.2 of § 571.210. (69) SAE J1100–1993, Recommended Practice, Motor Vehicle Dimensions, IBR approved for S6.2.1.1, 6.2.2, and S6.2.2.1 of § 571.225. (70) SAE J1100 rev. February 2001, Motor Vehicle Dimensions, IBR approved for § 571.3. (71) SAE J1133, April 1984, School Bus Stop Arm, IBR approved for S6.2.3 of § 571.131. (72) SAE J1383–1985, Performance Requirements for Motor Vehicle Headlamps, IBR approved for S7.3, S7.3.1, S7.3.2, S7.3.7, S7.3.8, S7.4, S7.5, S7.7, S7.8.1, S7.8.5.1, S7.8.5.2, S8.1, and S10 of § 571.108. (73) SAE J1395 APR85, Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width, IBR approved for S6.1 and Table I of § 571.108. (74) SAE J1398 MAY85, Stop Lamps for Use on Motor Vehicles 2032 mm or More in Overall Width, IBR approved for S6.1 and Table I of § 571.108. (75) SAE J1703 JAN 1995, Motor Vehicle Brake Fluid, Appendix B, SAE RM–66–04 Compatibility Fluid, IBR approved for S5.3.9 of § 571.106; and S6.5.4.1 and S6.10.2 of § 571.116. (76) SAE J1703 NOV 1983, Motor Vehicle Brake Fluid, Appendix A, SAE RM–66–03 Compatibility Fluid, IBR approved for S5.3.9 and S6.7.1 of § 571.106; and S6.2.1, S6.5.4.1, S6.10.2, and S6.13.2 of § 571.116. (77) SAE J1703b, IBR approved for S6.6.3, S6.11.3, S6.1.3.2, and S7.6 of § 571.116. (78) SAE J2009 FEB93, Forward Discharge Lighting Systems, IBR approved for S7.7 of § 571.108. (79) SAE Aerospace-Automotive Drawing Standards, SEP 1963, IBR approved for S3 of § 571.104; and S5.1 of § 571.202. (k) The following materials are available for purchase from the United Nations. Information and copies may be obtained by writing to: United Nations, Conference Services Division, Distribution and Sales Section, Office C.115–1, Palais des Nations, CH–1211, Geneva 10, Switzerland. Copies of Regulations also are available on the ECE Internet Web site: https:// www.unece.org/trans/main/wp29/ wp29regs.html. E:\FR\FM\22JNP1.SGM 22JNP1 36106 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules (1) ‘‘Uniform Provisions Concerning the Approval of Vehicles with Regard to Installation of Lighting and LightSignalling Devices,’’ Economic Commission for Europe Regulation 48:E/ECE/324–E/ECE/TRANS/50, Rev.1/ Add.47/Rev.1/Corr.2, p.17 (February 26, 1996), IBR approved for S12.6 of § 571.108. (2) ‘‘Uniform Provisions Concerning the Approval of Vehicles with Regard to the Seats, their Anchorages and any Head Restraints’’ Economic Commission for Europe Regulation 17: ECE 17 Rev. 1/Add. 16/Rev. 4 (31 July 2002), IBR approved for S4.4(a) of § 571.202. 4. 49 CFR 571.10 would be added to read as follows: § 571.10 Designation of seating positions. (a) The formula for calculating the number of designated seating positions (N) for any seat with greater than 330 mm (13 inches) of hip room in a passenger car, truck, multipurpose passenger vehicle and bus, except for a school bus, is as follows: (1) For seats with less than 1400 mm (55.2 inches) of hip room: N = [Hip room (in millimeters)/400] rounded to the nearest whole number; VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 (2) For seats with equal to or greater than 1400 mm (55.2 inches) of hip room: N = [Hip room (in millimeters)/450] rounded to the nearest whole number. (b) Hip room is measured as follows: Calculate the maximum dimension measured laterally between the interior trim on the ‘‘X’’ plane through the HPoint within 25 mm (1 inch) below and 76 mm (3 inches) above the H-Point and 76 mm (3 inches) fore and aft of the HPoint. Exclude any portion of this 101 mm by 152 mm area around the H-Point in side view below and behind the seat cushion and seat back trim. If the area is totally excluded by the seat cushion and seat back trim, measure width to trimmed door or quarter trim surface closest, in side view, to the H-Point. If the seat is adjustable, the position that produces the maximum measurement is used. The H-Point location is measured using the SAE three-dimensional HPoint machine per SAE Recommended Practice J826, rev. July 1995, with the legs and leg weights uninstalled. (1) The hip room measurement terminates at the vertical projection of each point on the side profile of the seat cushion, subject to the conditions of paragraph (b)(2) of this section. PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 (2) Hip room is considered to be continuous across the width of the vehicle interior, unless there is a separation between adjacent seat cushions, or a seat cushion and the interior trim, greater than 150 mm (5.9) inches, and the separation contains one of the following: (i) A fixed, unpadded impediment that is at least 5 mm (0.2 inches) higher than each point on the top profile of the seat cushion, and that extends for greater than two-thirds of the horizontal depth of the seat cushion. (ii) A void adjacent to the seat cushion that can accommodate a rectangular box 150 mm (5.9 inches) wide, 150 mm (5.9 inches) high, and two-thirds of the horizontal depth of the seat cushion in length, as follows: (A) The top surface of the box is at least 2 mm (0.08 inches) below each point on the top profile of the seat cushion, and (B) The angular orientation of the box does not exceed 20 degrees from the horizontal. (See Figure 1.) (iii) A parking brake or gearshift handle that is at least 25 mm (1 inch) higher than the highest point of the seat cushion while the vehicle is in motion. BILLING CODE 4910–59–P E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules 36107 VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 EP22JN05.000</GPH> BILLING CODE 4910–59–C 36108 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Proposed Rules 5. 49 CFR 571.210 would be amended by revising S5.1 and S5.2 to read as follows: § 571.210 Standard No. 210; seat belt assembly anchorages. * * * * * S5.1 Seats with Type 1 or Type 2 seat belt anchorages. With the seat in its rearmost position, apply a force of 22,241 N in the direction in which the seat faces to a pelvic body block as described in Figure 2A, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane perpendicular to the longitudinal centerline of the vehicle for side facing seats, with an initial force application angle of not less than 5 degrees or more than 15 degrees above the horizontal. Apply the force at the onset rate of not more than 222,411 N per second. Attain the 22,241 N force VerDate jul<14>2003 16:16 Jun 21, 2005 Jkt 205001 in not more than 30 seconds and maintain it for 10 seconds. At the manufacturer’s option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. S5.2 Seats with Type 2 or automatic seat belt anchorages. With the seat in its rearmost position, apply forces of 13,345 N in the direction in which the seat faces simultaneously to a pelvic body block, as described in Figure 2A, and an upper torso body block, as described in Figure 3, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane parallel to the transverse centerline of the vehicle for side facing PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 seats, with an initial force application angle of not less than 5 degrees nor more than 15 degrees above the horizontal. Apply the forces at the onset rate of not more than 133,447 N per second. Attain the 13,345 N force in not more than 30 seconds and maintain it for 10 seconds. At the manufacturer’s option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. * * * * * Issued: June 16, 2005. Stephen Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–12240 Filed 6–21–05; 8:45 am] BILLING CODE 4910–59–P E:\FR\FM\22JNP1.SGM 22JNP1

Agencies

[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Proposed Rules]
[Pages 36094-36108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12240]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2005-21600]
RIN 2127-AI94


Federal Motor Vehicle Safety Standards; Designated Seating 
Positions and Seat Belt Assembly Anchorages

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We are proposing to amend the definition of ``designated 
seating position'' in the Federal motor vehicle safety standards 
(FMVSSs), and to establish a new procedure for determining the number 
of designated seating positions on bench and split bench seats. This 
document also proposes to apply that procedure to all types of 
vehicles, regardless of weight, and eliminate the existing exclusion 
for temporary or folding jump seats. The proposed rule would also 
revise test procedures for seat belt anchorage requirements so that 
they are suitable for side-facing, temporary or folding jump seats. 
NHTSA's goal in proposing these amendments is to improve the 
objectivity of the ``designated seating position'' definition and 
thereby facilitate efforts of the agency to ensure that the number of 
designated seating positions and occupant restraint systems in a 
vehicle is representative of real world occupancy.
    The proposed rule would also revise the general incorporation by 
reference provision for the FMVSSs by providing a centralized index of 
all matters therein incorporated by reference.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than August 22, 2005.

ADDRESSES: You may submit comments [identified by the DOT DMS Docket 
Number above] by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Web Site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Request for 
Comments heading of the Supplementary Information section of this 
document. Note that all comments

[[Page 36095]]

received will be posted without change to https://dms.dot.gov, including 
any personal information provided. Please see the Privacy Act heading 
under Rulemaking Analyses and Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to https://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 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Philip Oh of the NHTSA Office of Vehicle Safety by telephone at (202) 
493-0195, and by fax at (202) 493-2290.
    For legal issues, you may contact Christopher Calamita of the NHTSA 
Office of Chief Counsel by telephone at (202) 366-2992 and by fax at 
(202) 366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Safety Problem
III. Proposed Amendments
    A. ''Designated seating position''
    B. Measuring hip room
    C. Number of designated seating positions
    D. H-point
    E. Auxiliary seating and safety belt anchorages
    F. Preemption
IV. Benefits and Costs
V. Incorporation by Reference
VI. Effective Date
VII. Request for Comments
VIII. Rulemaking Analyses and Notices

I. Background

    Motor vehicle manufacturers are required to designate which 
locations in their vehicles are seating positions. The designation of a 
location as a seating position is important for a variety of reasons. 
For example, passenger cars are required, under Federal Motor Vehicle 
Safety Standard (FMVSS) No. 110, Tire and rim selection, to be clearly 
labeled with a maximum seating capacity. Moreover, FMVSS No. 208, 
Occupant crash protection, requires that each designated seating 
position, as defined in 49 CFR 571.3, in a light vehicle \1\ be 
provided with the appropriate occupant crash protection system (e.g., 
air bag, safety belts or both). If a vehicle has fewer designated 
seating positions than the number of seated individuals actually 
occupying it, some occupants would not be protected by safety belts or 
other crash protection systems.
---------------------------------------------------------------------------

    \1\ NHTSA uses the term ``light vehicle'' to refer to passenger 
cars, multipurpose passenger vehicles, trucks and buses with a gross 
vehicle weight rating (GVWR) of not greater than 10,000 lb.
---------------------------------------------------------------------------

    In 1978, the agency expressed concern with the common practice of 
designating front seats as having two seating positions, although they 
had capacity to accommodate three adults (43 FR 21892; May 22, 1978; 
Docket No. 78-13). As a result of this practice, front center 
passengers were not provided with safety belt assemblies. In response 
to this concern, the agency amended the definition of ``designated 
seating position'' to specify dimensional parameters. The agency stated 
that this was ``intended to ensure that all positions likely to be used 
for seating will be equipped with occupant restraint systems'' (44 FR 
23229; April 19, 1979). The portion of the definition of ``designated 
seating position'' relevant to the above discussion remains unchanged 
today.\2\
---------------------------------------------------------------------------

    \2\ The definition was amended again in 1995 to allow each 
wheelchair position to count as four designated seating positions 
for the purpose of determining vehicle classification in school 
buses only (57 FR 15504; March 24, 1995).
---------------------------------------------------------------------------

    As discussed below, however, field data regarding vehicle occupancy 
indicates that there is some ambiguity in the current definition and 
that it might not always require what we believe should be a full 
complement of designated seating positions (DSPs) to accommodate real 
world use.

II. Safety Problem

    Vehicle seat design and motor vehicle crash data indicate that in 
some instances real world occupancy rates exceed the number of 
designated seating positions in a vehicle, particularly on bench and 
split seats. The agency has placed a Preliminary Regulatory Evaluation 
(PRE) in the docket for this rulemaking that details our findings. 
Within the report, a survey of vehicle crash and fatality reporting 
systems data indicates that three passengers are occupying seats 
designated as having two seating positions (2-DSP seats). The agency 
reviewed and compared incidents involving three passengers occupying 
either a 2-DSP rear seat or a rear seat with three designated seating 
positions (3-DSP seat).
    Additionally, the PRE shows a significant decrease in the belt 
usage rate when comparing incidents in which two passengers occupied a 
2-DSP seat to incidents in which three passengers occupied a 2-DSP 
seat. The 1997 to 2001 National Automotive Sampling System (NASS) data 
indicated a drop in the belt usage rate for these cases from 53.25 
percent to 27.67 percent, respectively. These FARS data indicate that 
an occupant is at higher risk when he or she is one of the three 
occupants in a rear 2-DSP seat than when in a 3-DSP seat. These risks 
appear to be independent of vehicle size and the presence of padded or 
carpeted barriers that are intended to limit capacity.
    Vehicle size may not adequately limit the number of passengers 
occupying a vehicle seat from exceeding the designated capacity. The 
fatality rate for a passenger occupying a rear 2-DSP seat together with 
two other passengers was only slightly lower for occupants in a Geo 
Metro, a sub-compact, than the average rate for occupants of all 
vehicles surveyed: 6.02 versus 6.07 fatalities per one million 
registered vehicles.
    The rate at which one of the three passengers occupying a 2-DSP 
seat is killed in a motor vehicle crash also appears to be independent 
of the presence of physical features, other than those discussed in the 
next paragraph, intended to limit occupancy. The Chevrolet Camaro, 
which features a carpeted drive shaft tunnel that separates the two 
rear designated seating positions, had a similar fatality rate to that 
of the Ford Mustang. While the Camaro has a carpeted barrier, the Ford 
Mustang has a rear bench seat with no barrier between the two 
designated seating positions. The fatality rate for instances of three 
passengers occupying a 2-DSP seat was actually slightly higher for the 
Camaro than for the Mustang; 7.81 versus 7.51 fatalities per one 
million registered vehicles, respectively.
    Conversely, available data demonstrate that certain physical 
obstructions in the second row of seating can effectively limit the 
number of occupants to the number of designated seating positions. The 
Saturn SC Coupe 2 Door had no FARS fatalities involving three occupants 
in its 2-DSP second row of seating, and the Acura Integra 2 Door had 
only 2.44 such fatalities per one million registered vehicles. Both the 
Saturn SC Coupe and the Acura Integra had a hard plastic console that 
divides the rear seat into two seating positions, limiting seating 
capacity.
    In cases in which the same vehicle model was manufactured in both a 
two-door (2-DSP second row seating) and a four-door (3-DSP second row 
seating) version, the PRE shows that the incident rate for occupants of 
the rear seat of the two door version, when occupied by three 
passengers, was two-thirds of that of the four-door version, or higher. 
While the incident rates may not directly correlate to the frequency of 
three occupants using a 2-DSP seat, the

[[Page 36096]]

rates demonstrate that seats designated as having only two seating 
positions are being used by three occupants. As a result, at least one 
occupant would not have access to a safety belt assembly. A survey of 
State Data System (SDS) accident reports compared the two-door (with 2-
DSP second row seating) and the four-door (with 3-DSP second row 
seating) models of the Ford Explorer and the Chevrolet S10 Blazer. The 
incident rate for second row occupants when three passengers occupied 
the second row of the two-door Ford was approximately 64 percent of 
that of the four-door model. For the Chevrolet models, incidents 
involving three passengers occupying the second row seat for the two-
door model occurred at a rate of 78 percent of that of the four-door 
model.

III. Proposed Amendments

    The agency is proposing to amend the definition of ``designated 
seating position'' to better ensure that seating position designations 
more accurately reflect real world occupancy. The proposed amendment 
would define ``designated seating position'' based on available hip 
room as measured according to procedures established by the Society of 
Automotive Engineers (SAE), with qualifications to provide for 
measurement of the largest hip room dimension and the incorporation of 
H-point in the measurement procedure. We are also proposing a formula 
to determine the appropriate number of designated seating positions on 
bench and split bench seats according to the hip room measurement. The 
formula proposed in this document would further clarify the appropriate 
number of designated seating positions for a vehicle seat.
    We note that while the agency was already working internally to 
address the safety concerns discussed above, we received a petition for 
rulemaking from Strategic Safety requesting that the agency establish a 
more objective method for determining the number of designated seating 
positions (September 10, 2002; Docket No. NHTSA-2002-11398-7). Since 
the agency had already initiated work on the issue raised by Strategic 
Safety, we view its petition as moot.

A. ``Designated seating position''

    If made final, today's proposal would establish a definition of 
``designated seating position'' that is more reflective of the 
occupancy rates experienced in the real world. By expressly relying on 
a hip room measurement for a 5th percentile adult female, instead of 
the somewhat less precise and less certain criteria of being large 
enough to accommodate such a person, the definition would provide for 
more objective determinations of what is a ``designated seating 
position.''
    We are also making the definition more objective by proposing to 
remove language that relies on the likelihood that a location will be 
used as a seat while a vehicle is in motion. Currently, a designated 
seat position is defined, in part, as:

    [Any] plan view location capable of accommodating a person at 
least as large as a 5th percentile adult female, if the overall seat 
configuration and design and vehicle design is such that the 
position is likely to be used as a seating position while the 
vehicle is in motion [.]

    As evidenced by the current vehicle fleet experience, we believe 
that the ``likely to be used'' language does not provide adequate 
objectivity to determine when a vehicle seat designation is required. 
This difficulty leads to a safety concern when the number of seating 
positions designated for a seat differs from the real world occupancy 
of that seat. Therefore, we are proposing to replace the ``likely to be 
used'' language and incorporate the term ``seat,'' into the definition.
    In relying on the term ``seat,'' we recognize that it is not 
practicable to design a vehicle to prevent all potential occupant 
misuse of interior positions. However, we believe there is abundant 
notice to drivers and occupants of light vehicles that the use of 
safety belts is essential, and therefore, that sitting in a location in 
a vehicle that is not equipped with a safety belt is inappropriate and 
dangerous. Vehicle literature and advertising, as well as numerous 
public outreach programs, inform and remind the public of the need to 
wear safety belts while riding in a vehicle. Vehicle owner's manuals 
are replete with exhortations on the importance of always wearing a 
safety belt. Further, the warning label required to be on the visor in 
every light vehicle expressly tells vehicle occupants to wear safety 
belts always. The public's awareness of these messages is evidenced by 
the fact that the national safety belt use rate increased from 71 
percent in 2001 to 80 percent in 2004, an all time high.
    Consistent with the current definition, the proposed definition 
would be based on accommodating a 5th percentile adult female.\3\ 
However, unlike the current definition, the proposed definition would 
expressly and exclusively rely on a hip room measurement. A designated 
seating position would be any seating location that has at least 330 mm 
(13 inches) of hip room,\4\ when measured according to the procedure 
described below.
---------------------------------------------------------------------------

    \3\ In examining the fatalities that occurred when a seat was 
occupied by more occupants than there were occupant protection 
systems, we found no definite skew toward child fatalities from the 
age distribution in the FARS data that would indicate a need to 
consider basing the definition on younger, smaller occupants.
    \4\ The 5th percentile female hip width specified in S7.1.4 of 
FMVSS No. 208 is of 325 mm (12.8 inches). We rounded the measurement 
to 330 mm (13 inches) for purposes of the formula proposed below.
---------------------------------------------------------------------------

B. Measuring Hip Room

    NHTSA is proposing to establish a revised procedure for measuring 
hip room and to place it in a new section, Sec.  571.10, Designation of 
seating positions. Section 571.10 would set out, with several 
modifications, the procedure in SAE Recommended Practice J1100 rev. 
February 2001, ``Motor Vehicle Dimensions,'' for measuring hip room. 
Under SAE J1100 rev. February 2001, hip room of a seat is the minimum 
dimension measured laterally between the interior trim \5\ of a vehicle 
on the ``X'' plane through the seating reference point (SgRP) within 25 
mm (1 inch) below, and 76 mm (3 inches) above the SgRP and 76 mm (3 
inches) fore and aft of the SgRP. However, under the proposal, we would 
use the H-point as a reference as opposed to the SgRP. SgRP is a design 
point designated by a manufacturer, while the H-point is determined by 
measurements within the vehicle. Reliance on the H-point would permit 
making measurements across an array of seat positions, independent of a 
manufacturer's designation.
---------------------------------------------------------------------------

    \5\ Interior trim is a molded plastic, fabric or other non-
supportive surface within the occupant compartment (e.g., a molded 
arm rest, a carpeted door panel, etc.).
---------------------------------------------------------------------------

    While the SAE procedure uses the minimum dimension measured 
laterally between interior trim of a vehicle on the ``X'' plane through 
the seating reference point, the agency is proposing to use the maximum 
dimension. Further, in the case of adjustable seats, the proposal would 
use the position that produces the maximum value. These two aspects of 
the proposal would result in the largest realistic hip room being 
measured, and thus would more accurately account for all potential 
seating. Further, the width of a seat would include any void between 
the seat and the adjacent interior trim or adjacent seat unless the 
void meets certain dimensional criteria.
    Hip room would be considered to be continuous under Sec.  571.10, 
unless there is a separation greater than 150 mm (5.9

[[Page 36097]]

inches) between adjacent seat cushions, or between a seat cushion and 
the vehicle interior, and the separation contains either:
    (1) A fixed, unpadded impediment that is at least 5 mm (0.2 inches) 
higher than the highest point on the upper surface of the seat cushion 
when viewed in profile, which extends for greater than two-thirds of 
the horizontal depth of the seat cushions;\6\
---------------------------------------------------------------------------

    \6\ A surface covered in carpet or other padding would not meet 
this condition. This is in response to the FARS incident data that 
showed the carpeted drive shaft tunnel failed to act as an 
impediment.
---------------------------------------------------------------------------

    (2) A void that can accommodate a rectangular box 150 mm (5.9 
inches) wide, 150 mm (5.9 inches) high, and two-thirds of the 
horizontal depth of the seat cushion in length, with the box sitting 2 
mm (0.08 inches) below each point on the top profile of the seat 
cushion \7\; or
---------------------------------------------------------------------------

    \7\ See Figure 1 of the proposed regulatory text.
---------------------------------------------------------------------------

    (3) A parking brake or gear shift handle, that when placed in the 
lowest possible position, is at least 25 mm (1.0 inches) higher than 
the highest point of the seat cushion.
    These criteria are based on the designs observed in the FARS study 
and noted in the PRE, which demonstrated that impediments such as 
carpeted barriers are ineffective at preventing three people from 
sitting on a seat with only two designated seating positions. The 
agency requests comments on whether these specifications would result 
in seat designations more reflective of real world occupancy rates.

C. Number of Designated Seating Positions

    Section 571.10 would also provide equations for use in determining 
the number of ``designated seating positions'' on a seat. The proposed 
equations for calculating the number of designated seating positions 
would be dependent upon the overall continuous hip room. For seats with 
less than 1400 mm (55 inches) of hip room, the measured hip room would 
be divided by 400\8\ and rounded to the nearest whole number to produce 
the number of designated seating positions. For example, seats with 
approximately 1007 mm (39.5 inches) of hip room would be designated as 
having three seating positions.\9\
---------------------------------------------------------------------------

    \8\ Other international standards use a similar number to 
determine the number of seating positions; i.e., Australian Design 
Rule 5, Section 10; Automobile Type Approval Handbook for Japanese 
Certification, Section 11-1, Article 22.
    \9\ 1007 mm of measured hip room divided by 400 equals 2.5, 
which would then be rounded up to three.
---------------------------------------------------------------------------

    Based on the vehicles surveyed in the PRE, at a seat width of 1007 
mm (39.5 inches) and more, three occupants were more likely to occupy a 
2-DSP seat, unless a non-padded barrier was present. Requiring seats at 
least this width or wider to be designated as having three seating 
positions would present manufacturers several options for compliance. 
Manufacturers could comply by redesigning their seats to include the 
appropriate impediment, provide the necessary void between adjacent 
seat cushions, or by installing an additional seat belt assembly. We 
anticipate that manufacturers would be more likely to redesign such 
seats, if needed, to incorporate an impediment or void as necessary. 
The potential vehicle packaging and marketing issues associated with 
the addition of a seat belt assembly, along with compliance 
implications (e.g., dynamic crash testing, cargo capacity, etc.) would 
make this option unlikely. Additionally, issues of comfort might arise 
as a result of three occupants being seated at the location. Space 
limitations may make it difficult for occupants to use their respective 
safety belts when three occupants are seated at such a location.
    For seats with 1400 mm (55 inches) or more of hip room, the 
measured hip room would be divided by 450 and rounded to the nearest 
whole number. The purpose of picking 450 as the divisor is to prevent 
larger 3-DSP seats from having to be designated as 4-DSP seats. The 
data do not demonstrate a problem with 3-DSP seats being occupied by 
four passengers, and does not demonstrate the potential for any benefit 
from such a requirement. In addition, for larger vehicles with longer 
bench seats (e.g., shuttle buses and limousines), the 450 divisor 
results in a designated seating position width that aligns with the 
width typically used by seating manufacturers. The rationale for using 
two different equations is further discussed in the Benefits and Costs 
section.
    Under the current definition, any bench or split bench seat in a 
passenger car, truck, or multipurpose passenger vehicle with a gross 
vehicle weight rating (GVWR) less than 4,536 kilograms (10,000 lb), 
having greater than 1270 mm (50 inches) of hip room shall not have less 
than three designated seating positions. Under the proposed definition, 
the calculation for determining the number of designated seating 
positions on a bench or split seat would apply to all vehicles equipped 
with such seats regardless of the vehicle weight.

D. H-Point

    This document also proposes to update the definition of ``H-
Point,'' which is referred to in the proposed definition of 
``designated seating position.'' The current definition of ``H-Point'' 
references the ``H-Point'' definition in SAE Recommended Practice J826, 
``Devices for use in Defining and Measuring Vehicle Seating 
Accommodation'' (1962). Since the establishment of the ``H-point'' 
definition in 49 CFR Sec.  571.3, SAE J826 has been updated (revised 
July 1995) and now refers to SAE J1100 for defining ``H-Point.'' This 
rulemaking proposes to reference SAE J1100 directly in defining ``H-
point.'' While SAE J826 has been updated, there has been no significant 
change to the definition of ``H-Point.'' Further, the proposed ``H-
point'' definition would specify that the H-point is to be determined 
using the 3-D test fixture.

E. Auxiliary Seating and Safety Belt Anchorages

    We are proposing to include auxiliary seats and jump seats in the 
definition of ``designated seating position.'' Currently, the 
definition does not include these seats. Since these seats are not 
designated seating positions, they are not subject to the occupant 
crash protection requirements applicable to designated seating 
positions (e.g., safety belt requirements).
    Presently, the agency urges that all occupants in light vehicles be 
appropriately restrained when a motor vehicle is in operation. When the 
agency originally adopted the designated seating position definition, 
safety belt use rates were well below 20 percent and the focus of the 
agency was not on temporary seats. Now that safety belt use rates are 
much higher, the agency is focused on all occupants being properly 
restrained. This includes those occupants on auxiliary seats.
    If the proposed definition is adopted, auxiliary seats and folding 
jump seats would be required to meet all requirements in FMVSSs 
applicable to designated seating positions, including the requirements 
of FMVSS No. 210, Seat belt assembly anchorages.
    Traditionally, manufacturers have classified some side-facing seats 
in light vehicles as auxiliary or jump seats. The current test 
procedures for the anchorage strength requirements as specified in S5.2 
of FMVSS No. 210 were designed for forward and rear facing seats only. 
Under S5.2, a force must be applied in the direction in which the seat 
faces in a plane parallel to the longitudinal centerline of the 
vehicle. For side-facing seats, including auxiliary or jump seats, the 
direction that the seat faces is perpendicular to the longitudinal 
centerline of the

[[Page 36098]]

vehicle. Consequently, a force cannot be applied simultaneously in the 
direction that a side-facing seat faces and in a plane parallel to the 
longitudinal centerline of the vehicle. To permit strength testing of 
seat belt anchorages at side-facing designated seating positions, we 
are proposing to amend S5 of FMVSS No. 210 to specify that for side-
facing seats, the specified force would be applied in the direction 
that the seat faces in a vertical plane perpendicular to the 
longitudinal centerline of the vehicle.

F. Preemption

    Under 49 U.S.C. 30103(b), when a safety standard is in effect under 
the FMVSSs, a State is preempted from adopting or retaining a standard 
that imposes a different standard of performance, except for vehicles 
obtained for its own use. This express preemption clause has been 
interpreted as limited to State statutes and regulations based on the 
presence in the Safety Act of a provision stating that compliance with 
a FMVSS does not exempt ``any person from any liability under common 
law'' (49 U.S.C. 30103(c); ``saving clause'').\10\ However, neither the 
express preemption clause (by negative implication) nor the saving 
clause bars the preemption of state common law in instances in which 
state law (tort law) conflicts with uniform Federal safety regulations 
of national applicability.\11\
---------------------------------------------------------------------------

    \10\ Geier v. American Honda Motor Co., Inc., 529 U.S. 861 
(2000).
    \11\ ``[T]he saving clause (like the express pre-emption 
provision) does not bar the ordinary working of conflict pre-emption 
principles.'' Geier v. American Honda Motor Co., Inc., 529 U.S. 861, 
869, emphasis original. Indeed, though we are setting forth the 
agency's intention in this particular matter, ``the failure of the 
Federal Register to address pre-emption explicitly is thus not 
determinative. Id. at 884.
---------------------------------------------------------------------------

    The definition of ``designated seating position'' would be 
established in the section for common definitions for the FMVSSs to 
accomplish NHTSA's essential safety objectives. As described below, 
differing definitions would not provide the important safety benefits 
that NHTSA envisions and could instead be detrimental to safety. Hence, 
any differing requirements would ``prevent or frustrate the 
accomplishment of a federal objective.'' Crosby v. National Foreign 
Trade Council, 530 U.S. 363 (2000). Therefore, if the proposed 
definition of ``designated seating position'' would be made final, 
section 30103(b) would preempt State statutes and regulations requiring 
the designation of more or different seating positions than those 
required by that definition.
    In addition, if made final, this definition of ``designated seating 
position'' would preempt any conflicting determinations in state tort 
law as to whether a location is or ought to be a designated seating 
position. A tort law determination premised on the designation of more 
designated seating positions than those required by the proposed 
definition could have a negative safety impact. Such a determination 
could result in a location being equipped with a greater number of 
safety belts than required under the Federal standards. The 
installation of an excessive number of safety belts might decrease, not 
increase, safety. Seat belt comfort and convenience are important 
factors affecting the level of safety belt use. Occupants might be less 
likely to use safety belts because limited space would make such use 
difficult or uncomfortable (i.e., if too many safety belts were 
installed at a location, some occupants may end up sitting on buckles 
or be prevented from reaching his or her respective belt by the 
presence of another occupant). The potential for such a scenario would 
frustrate the efforts of this agency to base the number of designated 
seating positions, and thus the number of safety belts, on reasonably 
anticipated occupancy levels. This would hamper our efforts to promote 
increased safety belt use rates.

IV. Benefits and Costs

    The agency has tentatively determined that there are three ways for 
manufacturers to address the proposed amendment to DSP: Add a lap/
shoulder belt; create a space between the seats to restrict the number 
of seating positions; and design an impediment to reduce the likelihood 
of people sitting in between the outboard seats. If manufacturers were 
to add additional lap/shoulder belts, 5 lives would be saved and 41 AIS 
\12\ 2-5 injuries would be prevented annually once the proposal is 
fully implemented. We believe the other two options would provide 
somewhat less benefit than supplying a lap/shoulder belt, although we 
are unable to quantify the benefits of an impediment and void because 
the benefits are influenced by occupant behavior. The cost of the 
proposed change in the DSP definition would depend on which options 
manufacturers implemented, ranging from approximately $12 million to 
$41.7 million.
---------------------------------------------------------------------------

    \12\ The AIS or Abbreviated Injury Scale is used to rank 
injuries by level of severity. An AIS 1 injury is a minor one, while 
an AIS 6 injury is one that is currently untreatable and fatal.
---------------------------------------------------------------------------

    The proposed inclusion of side-facing seats, jump seats, and 
auxiliary seats in the definition of designated seating position is not 
reflected in the benefit and cost analysis. The agency is unaware of 
any current vehicles with side-facing, jump seats, or auxiliary seats 
that would not already comply with this proposal, if it were made 
final.

Benefits

    To estimate the number of lives saved and injuries that would be 
prevented if manufacturers chose to add safety belts, the agency relied 
on belt use rates, the estimated effectiveness of rear lap/shoulder 
belts, and the potential injuries and fatalities to unbelted rear seat 
occupants. Based on these estimates, the agency has tentatively 
determined that 5 lives would be saved, and 41 AIS 2-5 injuries would 
be prevented, annually.
    To estimate seat belt usage, the agency relied on an adjusted 
average of the rear seat left, middle, and right positions derived from 
seat belt use rates generated by the General Estimates System (GES) and 
National Occupant Protection Use Survey (NOPUS).\13\ Because GES data 
rely on reporting from vehicle occupants, it may overstate seat belt 
use. To correct for this, the agency divided the GES estimates by the 
seat belt use rate observed in the June 2002 NOPUS study to obtain a 
conservative usage rate.\14\ This adjusted factor was then applied to 
an average of seat belt use rates for the rear left, rear middle, and 
rear right seat positions to generate a seat belt use rate of 64.6 
percent for passenger cars and 64.1 percent for light trucks and vans 
(LTVs).
---------------------------------------------------------------------------

    \13\ Data for GES come from a nationally representative sample 
of police reported motor vehicle crashes of all types, from minor to 
fatal and relies in part on statements made by vehicle occupants. 
NOPUS data is generated through direct observation of occupant 
behavior.
    \14\ Because NOPUS is based on direct observation of occupant 
behavior as opposed to occupant reporting, the seat belt use rate is 
less likely to be overstated.
---------------------------------------------------------------------------

    Based on previous studies, the agency has estimated the 
effectiveness of lap/shoulder belts in the rear seat of passenger cars 
and LTVs as follows:

      Estimated Percent Effectiveness of Rear Seat Safety Belts \1\
------------------------------------------------------------------------
                                                               Rear seat
                                                                  lap/
                        Passenger cars                          shoulder
                                                                  belt
------------------------------------------------------------------------
AIS 2-5......................................................     \2\ 49
Fatalities...................................................         44
LTVs.........................................................  .........
AIS 2-5......................................................     \2\ 78

[[Page 36099]]

 
Fatalities...................................................         73
------------------------------------------------------------------------
\1\ ``Final Regulatory Impact Analysis Extension of the Automatic
  Restraint Requirements of FMVSS No. 208 to Trucks, Buses, and
  Multipurpose Passenger Vehicles with a Gross Vehicle Weight Rating of
  8,500 Pounds or Less and an Unloaded Vehicle Weight of 5,500 Pounds or
  Less,'' NHTSA, Plans and Policy, Office of Regulatory Analysis,
  November 1990.
\2\ Assumed based on 5 percent increase in effectiveness of front seat
  AIS 2-5 injuries over fatalities.

    The agency then estimated the potential injuries and fatalities 
that would occur if in instances in which three passengers occupied a 
second row seat with two designated seating positions and none of these 
passengers were restrained, to be 77 AIS 2-5 injuries and 21 
fatalities. The agency also estimated the potential injuries and 
fatalities for LTV occupants in the same circumstances to be 111 AIS 2-
5 injuries and 13 fatalities. All rear seat occupants were included in 
the analysis after initially concluding that the improper seating 
configuration would potentially affect all rear seat belt usage. The 
belt usage data showed a significant decrease in rate when comparing 
incidents in which two passengers occupied a 2-DSP seat to incidents in 
which three passengers occupied a 2-DSP seat; 53.25 percent belted rate 
versus 27.67 percent belted rate, respectively.
    To compute the potential injuries prevented and lives saved, the 
agency multiplied the number of potential injuries by the effectiveness 
of the lap/shoulder belt and by the belt usage rate. This resulted in 
an estimation of 11 AIS 2-5 injuries and 2 fatalities prevented for 
passenger car occupants and 30 AIS 2-5 injuries and 3 fatalities 
prevented for LTV occupants. For a detailed discussion of the benefits 
calculation, see the preliminary regulatory evaluation placed in the 
docket for this rulemaking.
    The benefits of incorporating a void or an impediment depend upon 
the occupant's response to the void or impediment. In some scenarios, 
the benefits would be the same as providing a lap/shoulder belt; i.e., 
at the time of a vehicle purchase, if a consumer recognizes that there 
is not enough room for an additional passenger, even for occasional 
trips, the consumer may choose another model vehicle that has three 
designated seating positions. In this instance, three safety belts 
would be available, and the benefits would be the same as supplying a 
third safety belt.
    If a seating position were unavailable (because of a void) or 
uncomfortable (because of an impediment), an occupant would be less 
likely to occupy that space. This would force the extra passenger 
either to forego the trip or to go in another vehicle. In either 
instance, this reduces the risk of three occupants occupying a 2-DSP 
seat. If a seating position is unavailable (because of a void) or 
uncomfortable (because of an impediment), but three occupants sit in 
the back seat regardless, no benefits will accrue.
    Although we cannot estimate the benefits of a void or impediment, 
it appears that the overall benefits of providing a void or impediment 
would be somewhat less than supplying a lap/shoulder belt.

Costs

    The cost of the proposed amendments would depend on whether a 
vehicle manufacturer maintained the two seating position designation 
for a vehicle's rear seat or if the manufacturer increased the 
designated number of seating positions for the rear seat to three. If a 
manufacturer were to maintain a seat's 2-DSP designation under the 
proposed definition, it could design an appropriate impediment between 
seat cushions or design an appropriate void. While there has been no 
detailed analysis of the cost of installing an impediment, the agency 
has estimated a cost based on the dealership retail prices. The total 
cost of installing a rear seat console to impede usage in passenger 
cars is approximately $8.03 million (688,207 x $11.67) and in LTVs is 
approximately $3.94 million (337,761 x $11.67). The actual cost may be 
less than the estimated amount since the agency did not assume a 
decrease in seat cost for the reduction of the seat foam material 
needed.
    A manufacturer may also choose to employ a void. For passenger 
cars, incorporation of a void in the rear seats may produce no added 
cost; material could be taken out, but the seat would have to be 
stitched (more labor) to have the void appear finished. Manufacturers 
could also replace a bench seat with two bucket seats. We estimate the 
additional cost for substitution at $18.33 per replaced bench seat. If 
all affected vehicles had bench seats replaced with bucket seats, the 
total cost would be approximately $18.88 million.
    A manufacturer could also choose to increase the number of 
designated seating positions at a seat and provide an additional seat 
belt as required under FMVSS No. 208. FMVSS No. 208 requires passenger 
cars, trucks, multipurpose passenger vehicles or buses with a GVWR less 
than 4,356 kilograms (10,000 pounds) to have seat belt assemblies for 
each designated seating position. The agency recently published a final 
rule requiring lap/shoulder belt assemblies in the rear center 
designated seating positions (69 FR 70904; December 8, 2004; Docket No. 
NHTSA-04-18726; Notice 1). Therefore, it used the cost of the lap/
shoulder belt assembly in that rulemaking to estimate the cost of this 
compliance option.
    For this analysis, the agency relied on an estimated average cost 
of installing a lap/shoulder belt in the rear center seat of 
$29.85.\15\ For LTVs, the agency expects the rear center seat belt 
costs to be similar to those of passenger cars. Again, using the model 
year 2003 sales figure, we estimate that the cost for installing lap/
shoulder belts in the rear center seats of vehicles with an increased 
number of designated seating positions would be approximately $30.74 
million (1.03 million vehicles x $29.85).
---------------------------------------------------------------------------

    \15\ In year 2003 dollars ($2003).
---------------------------------------------------------------------------

    For some vehicles, the addition of a seat belt assembly to the rear 
center seat would also require reinforcement of the seat to accommodate 
an anchorage for the shoulder portion of a lap/shoulder seat belt 
assembly. The rear seat of passenger cars and pick up trucks would not 
need to be reinforced because the anchors for the shoulder belt could 
be attached to the back package shelf or down to the floor frame of the 
vehicle without impinging on the floor space or trunk space. However, 
this would not be the case for passenger vans and sport utility 
vehicles (SUVs). In those instances, the floor space where an anchorage 
may be required would be located in occupant or cargo space. Therefore, 
the anchorage would need to be attached to the seat itself and the seat 
would need to be reinforced. This reinforcement would cost $32.79 
($2003) per seating position. The agency estimates that 337,761\16\ 
vehicles would need to reinforce the rear seat to accommodate an 
additional seat belt assembly. The total cost of strengthening the rear 
seats of passenger vans and SUVs to accommodate the shoulder portion of 
the lap/shoulder belt would be $11.08 million ($32.79 x 337,761 
vehicles). This would bring the total cost for adding lap/shoulder 
belts to the rear seats of motor vehicles increasing the second row 
seating

[[Page 36100]]

position from 2-DSP to 3-DSP to $41.7 million ($2003).
---------------------------------------------------------------------------

    \16\ Based on estimated model year 2003 sales of passenger vans 
and SUVs.
---------------------------------------------------------------------------

    As previously stated, the proposed equation for calculating the 
number of designated seating positions varies depending on overall hip 
room; for seats with less than 1400 mm of hip room, the hip room is 
divided by 400, while a hip room measurement of anything equal to 
greater than 1400 mm would be divided by 450. If we used a divisor of 
400 for all seats, regardless of width, a seat with 1400 mm of hip room 
would increase from 3-DSP under the existing definition in section 
571.3 to a 4-DSP seat. Benefits for such a redesignation would be 
minimal because the rate at which four persons occupy a seat location 
currently designated as a 3-DSP seat is low. Further, the number of 
LTVs that would need to be modified would increase by approximately 3.4 
times, resulting in cost range of $40.53 million to $217.6 million.

V. Incorporation by Reference

    Under 1 CFR part 51, Incorporation by Reference, the agency must 
declare that the Director of the Federal Register has approved 
incorporation by reference of a publication into a regulation. If made 
final, this proposal would amend the general incorporation by reference 
provision at Sec.  571.5, Matters incorporated by reference, to include 
a centralized index of all of the publications incorporated into part 
571.

VI. Effective Date

    If adopted, the amendments proposed in this rulemaking action would 
become effective on the third September 1st after the date of 
publication of a final rule in the Federal Register. For example, if a 
final rule were adopted on December 1, 2005, the rule would be 
effective beginning September 1, 2008. As stated above, we anticipate 
that manufacturers would incorporate a void or barrier in 2-DSP vehicle 
seats that, as currently configured, would become classified as having 
three designated seating positions. This would require less redesign 
than equipping these seats with an additional seat belt assembly. Based 
on this assumption, we have tentatively concluded that a minimum of two 
years would be adequate time for manufacturers to make any necessary 
changes. We request comment on this tentative conclusion.

VII. Request for Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments. Your comments must not be 
more than 15 pages long. (49 CFR 553.21.) We established this limit to 
encourage you to write your primary comments in a concise fashion. 
However, you may attach necessary additional documents to your 
comments. There is no limit on the length of the attachments. Please 
submit two copies of your comments, including the attachments, to 
Docket Management at the address given above under ADDRESSES. Comments 
may also be submitted to the docket electronically by logging onto the 
Docket Management System website at https://dms.dot.gov. Click on ``Help 
& Information'' or ``Help/Info'' to obtain instructions for filing the 
document electronically. If you are submitting comments electronically 
as a PDF (Adobe) file, we ask that the documents submitted be scanned 
using Optical Character Recognition (OCR) process, thus allowing the 
agency to search and copy certain portions of your submissions.\17\ 
Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's 
guidelines may be accessed at https://dmses.dot.gov/submit/
DataQualityGuidelines.pdf.
---------------------------------------------------------------------------

    \17\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR Part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider in developing 
a final rule (assuming that one is issued), we will consider that 
comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, take the following 
steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (https://dms.dot.gov/).
    (2) On that page, click on ``Simple Search.''
    (3) On the next page (https://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-1998-1234,'' you would type 
``1234.'' After typing the docket number, click on ``Search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. However, since the comments are imaged 
documents, instead of word processing documents, the downloaded 
comments are not word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you

[[Page 36101]]

periodically check the Docket for new material.

VIII. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budget impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This document proposes to amend the definition of designated 
seating position in 49 CFR 571.3. The proposed amendment would provide 
an objective procedure for determining the number of designated seating 
positions present in a vehicle, and provide manufacturers with a more 
objective method for delineating designated seating positions. Under 
the proposed definition, manufacturers could maintain a vehicle's 
current number of designated seating positions by incorporating design 
changes at a cost of $11.97 million. By way of example, the Subaru Baja 
is currently equipped with a barrier that would maintain a 2-DSP 
designation for the second row seat under the proposed amendment. 
Further, several previous vehicle models, e.g., the Saturn SC Coupe and 
Acura Integra 2-door, were similarly equipped.
    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is not considered to be 
significant under E.O. 12866 or the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979). The agency has 
prepared a regulatory evaluation as required by the DOT policies and 
procedures. A copy of that evaluation has been placed in the docket for 
this rulemaking.

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., NHTSA has evaluated the effects of this proposed action on small 
entities. I hereby certify that this notice of proposed rulemaking 
would not have a significant impact on a substantial number of small 
entities.
    The following is the agency's statement providing the factual basis 
for the certification (5 U.S.C. 605(b)). If adopted, the proposal would 
directly affect motor vehicle manufacturers and motor vehicle seat 
manufacturers. According to the size standards of the Small Business 
Association (at 13 CFR Part 121.601), the size standard for 
manufacturers of ``Automobile Manufacturing'' (NAICS Code 336111) is 
1,000 employees or fewer. Manufacturers of vehicle seats are considered 
manufacturers of ``Motor Vehicle Seating and Interior Trim 
Manufacturing'' (NAICS Code 336360). The size standard for NAICS Code 
336360 is 500 employees or fewer.
    The majority of motor vehicle manufacturers would not qualify as a 
small business. These manufacturers, along with manufacturers that do 
qualify as a small business, would be able to maintain the current 
vehicle designated seating position designation through design changes 
outlined in the proposed definition. The definition would not require 
vehicles to have a certain number of designated seating positions, but 
would provide an objective metric to define the number of designated 
seating positions for a given seat.
    Most of the seat manufacturers have 500 or fewer employees. But 
again, if design changes are required to maintain a seats 2-DSP 
designation, this could be done by designing a void to the 
specifications in the proposed definition at a minimal cost per seat. 
Accordingly, there would be no significant impact on small businesses, 
small organizations, or small governmental units by these amendments. 
For these reasons, the agency has not prepared a preliminary regulatory 
flexibility analysis.

C. Executive Order No. 13132

    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132, Federalism 
and has determined that this proposal does not have sufficient Federal 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement. The proposal 
would not have any substantial impact on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials. The proposed 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.
    The proposed rule is not intended to preempt state tort civil 
actions, except that the determination in those actions of what is a 
``designated seating position'' would be governed by the definition and 
procedure contained in the Federal motor vehicle safety standards. We 
are unaware of any State standards or determinations setting forth a 
conflicting definition of ``designated seating position.'' Therefore, 
the agency believes that federalism implications from this preemption 
would be minor.

D. National Environmental Policy Act

    NHTSA has analyzed this proposal for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action would not have any significant impact on the quality of 
the human environment.

E. Paperwork Reduction Act

    This proposed amendment does not contain any collection of 
information requirements requiring review under the Paperwork Reduction 
Act of 1995 (Pub. L. 104-13).

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.''
    The proposed amendment is based on the technical standard SAE J1100 
``Motor Vehicle Dimensions,'' revised February 2001 and incorporate SAE 
J826 ``Devices for use in Defining and Measuring Vehicle Seating 
Accommodations,'' revised July 1995. While the procedure for measuring 
hip room would be based on SAE J1100, the proposed procedure include 
several qualifiers. First, the proposed procedure would use the H-point 
rather than the SgRP. Second, the proposed procedure would use the 
maximum dimension

[[Page 36102]]

measured laterally between the trimmed surface on the ``X'' plane 
through the H-Point rather than the minimum. In addition, in the case 
of adjustable seats, the proposed procedure would use the position that 
would produce the maximum value. These qualifiers would allow for the 
largest realistic hip room to be measured, which would account for all 
potential seating. Finally, this proposal clearly states what is to be 
considered continuous seating area for the purposes of measuring hip 
room. This qualifier would objectively define what constitutes a 
discontinuity, i.e., an impediment or void between seat cushions that 
would be considered sufficient to prevent occupant use.

G. Civil Justice Reform

    This proposal would not have any retroactive effect. Under 49 
U.S.C. 21403, 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. As explained above, we are further proposing that the 
definition of ``designated seating position'' established in the 
Federal motor vehicle safety standards preempt State law, including 
State tort law, from establishing a definition that is not identical. 
We have tentatively determined that such preemption is required to 
eliminate the potential for varying definitions, which could result in 
a loss in safety. 49 U.S.C. 21461 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.

H. 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). This rulemaking would 
not result in expenditures by State, local or tribal governments, in 
the aggregate, or by the private sector in excess of $100 million 
annually.

I. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) 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 proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in E.O. 12866 and does not 
involve decisions based on environmental, health, or safety risks that 
disproportionately affect children. The proposed rule, if made final, 
would amend the definition of ``designated seating position.''

J. Executive Order 13211

    Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any 
rule that: (1) is determined to be economically significant as defined 
under E.O. 12866, and is likely to have a significantly adverse effect 
on the supply of, distribution of, or use of energy; or (2) that is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. If made final, this 
rulemaking would not be a significant energy action. Therefore, this 
proposal was not analyzed under E.O. 13211.

K. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:
     Have we organized the material to suit the public's needs?
     Are the requirements in the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

L. 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.

M. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, 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 
https://dms.dot.gov.

List of Subjects in 49 CFR Part 571

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

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Part 571 as follows:
    1. The authority citation for part 571 would continue to read as 
follows:

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

    2. 49 CFR 571.3(b) would be amended by revising the definition of 
``designated seating position'' and ``H-point'' to read as follows;


Sec.  571.3  Definitions.

* * * * *
    (b) * * *
    Designated seating position means a seat location that has at least 
330 mm (13 inches) of hip room measured according to Sec.  571.10(b) of 
this part. The number of designated seating positions at a seat 
location is determined according to the procedure set forth in Sec.  
571.10(a) of this part. For the sole purpose of determining the 
classification of any vehicle sold or introduced into interstate 
commerce for purposes that include carrying students to and from school 
or related events, any location in such vehic
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.