Event Data Recorders, 47552-47557 [2012-19580]
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
purpose of this subpart. The probation
continues until the next review of the
classification society’s compliance with
paragraph (a) of this section.
(1) If the review shows that
compliance with paragraph (a) of this
section is achieved, the probation may
end.
(2) If the review shows significant
improvement but compliance with
paragraph (a) of this section is not
achieved, the probation may be
extended.
(3) If the review does not show
significant improvement, and
compliance with paragraph (a) of this
section is not achieved, the approval
may be suspended.
(d) Suspension. A classification
society whose approval is suspended is
not approved for the purpose of this
subpart. Suspension will continue until
the next review of the classification
society’s compliance with paragraph (a)
of this section.
(1) If the review shows compliance
with paragraph (a) of this section, the
classification society’s approval may be
restored.
(2) If the review shows significant
improvement toward compliance with
paragraph (a) of this section, the
suspension may be extended.
(3) If the review does not show
significant improvement and
compliance with paragraph (a) of this
section, the classification society’s
approval may be revoked.
(e) Revocation. A classification
society whose approval is revoked is not
approved for the purpose of this
subpart. The classification society may
reapply for approval when the
requirements of § 2.45–15 are met.
(f) The Coast Guard’s Office of Design
and Engineering Standards (CG–ENG)
administers probations, suspensions,
and revocations and makes all related
notifications to affected classification
societies.
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§ 2.45–25
(a) An application for approval must
be made in writing and in the English
language to U.S. Coast Guard,
Commandant (CG–ENG), Office of
Design and Engineering Standards, 2100
Second Street SW. Stop 7126,
Washington DC 20593–7126.
(b) The application must—
(1) Indicate the type of work the
classification society intends to perform
on vessels in the United States;
(2) Include documentation
demonstrating that the classification
society complies with § 2.45–15;
(3) Contain a list of the vessels
surveyed by the classification society
over the previous 3 calendar years. The
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§ 2.45–30
Penalties.
The owner, charterer, managing
operator, agent, master, or individual in
charge of a vessel that employs a
classification society to review,
examine, survey, or certify the
construction, repair, or alteration of a
vessel in the United States is subject to
civil penalties in accordance with Title
46 U.S.C. 3318 if the classification
society is not approved by the Coast
Guard under this subpart.
Final rule; response to petitions
for reconsideration.
ACTION:
On August 5, 2011, the
agency published a final rule amending
the requirements for voluntarily
installed event data recorders (EDRs)
established in August 2006. In response
to the August 2011 final rule, the agency
received three petitions for
reconsideration from the Alliance of
Automobile Manufacturers, the
Automotive Safety Council, and Honda
Motor Co., LTD. The Association of
Global Automakers, Inc. Technical
Affairs Committee, and Nissan North
America, Inc. both submitted comments
in support of the petitioners’ requests.
After careful consideration, the agency
is granting some aspects of the petitions,
and denying others. This document
amends the final rule accordingly.
SUMMARY:
Effective Date: The amendments
in this rule are effective October 9, 2012.
Compliance Dates: Except as provided
below, light vehicles manufactured on
or after September 1, 2012 that are
equipped with an EDR and
manufacturers of those vehicles must
comply with this rule. However,
vehicles that are manufactured in two or
more stages or that are altered are not
required to comply with the rule until
September 1, 2013. Voluntary
compliance is permitted before that
date.
Petitions: If you wish to submit a
petition for reconsideration of this rule,
your petition must be received by
September 24, 2012.
DATES:
Dated: July 26, 2012.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U. S. Coast Guard.
Petitions for reconsideration
should refer to the docket number and
be submitted to: Administrator, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., West
Building, 4th Floor, Washington, DC
20590. Please see the Privacy Act
heading under Rulemaking Analyses
and Notices.
[FR Doc. 2012–19376 Filed 8–8–12; 8:45 am]
Application for approval.
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list must include vessel names, flags,
and IMO numbers, as well as initial
vessel inspections and detentions; and
(4) Provide a summary of the safety
records of vessels the classification
society surveys for each of the previous
3 calendar years, including initial vessel
inspections and detentions for all data
contained in regional port state control
Memoranda of Understanding (MOU)
and other port state control data
sources, including the U.S. Coast Guard.
(c) An application submitted in
accordance with 46 CFR part 8, subpart
B satisfies the application requirements
of paragraph (a) of this section, provided
the applicant:
(1) Has been notified in writing by the
Commandant that it met the criteria to
be a recognized classification society,
and its recognized status has not been
revoked, under 46 CFR part 8, subpart
B;
(2) Submits in writing and in the
English language to the address in
paragraph (a) of this section a statement
that the applicant is applying for
approval under this subpart; and
(3) Certifies in the submission under
paragraph (c)(2) of this section that the
information in the application
submitted under 46 CFR part 8, subpart
B remains valid.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 563
[Docket No. NHTSA–2012–0099]
RIN 2127–AL14
Event Data Recorders
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
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ADDRESSES:
For
technical and policy issues, contact:
David Sutula, Office of
Crashworthiness Standards, NVS–112.
Telephone: (202) 366–3273. Facsimile:
(202) 366–7002.
For legal issues, contact: David
Jasinski, Office of the Chief Counsel,
NCC–112. Telephone: (202) 366–2992.
Facsimile: (202) 366–3820.
Both persons may be reached by mail at
the following address: National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., West
Building, 4th Floor, Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background
II. Petitions for Reconsideration
III. Analysis and Agency Decision
IV. Rulemaking Analyses and Notices
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I. Background
In August 2006, NHTSA issued a final
rule 1 amending 49 CFR part 563 (Part
563) to establish uniform performance
requirements for the accuracy,
collection, storage, survivability, and
retrievability of onboard motor vehicle
crash EDRs voluntarily installed in light
passenger vehicles. Specifically, the
regulation applies to passenger cars,
multipurpose passenger vehicles,
trucks, and buses with a gross vehicle
weight rating (GVWR) of 3,855 kg (8,500
pounds) or less and an unloaded vehicle
weight of 2,495 kg (5,500 pounds) or
less,2 that are voluntarily equipped with
an EDR. The 2006 final rule aimed to
standardize the data obtained through
EDRs so that such data would provide
information to enhance the agency’s
understanding of crash events and
safety system performance, thereby
potentially contributing to safer vehicle
designs and more effective safety
regulations. The 2006 final rule was
intended to be technology-neutral, so as
to permit compliance with any available
EDR technology that meets the specified
performance requirements.
On January 14, 2008,3 the agency
responded to petitions for
reconsideration on the August 2006
final rule, and made the following
amendments to Part 563:
• Clarified the event storage
definitions to alleviate any uncertainties
in multiple event crashes;
• Revised certain sensor ranges and
accuracies to reflect current state of the
art technologies;
• Clarified the recorded data
reporting format;
• Specified vehicle storage conditions
during compliance testing;
• Clarified the required data elements
and scope of covered sensors; and
• Revised the effective date to
provide sufficient time for
manufacturers and suppliers to comply
with the rule.
The agency made these changes to
encourage a broad application of EDR
technologies in motor vehicles and
maximize the usefulness of EDR data for
vehicle designers, researchers, and the
medical community, without imposing
1 71
FR 50998.
van-type trucks or vehicles designed to
be sold exclusively to the U.S. Postal Service are
excluded.
3 73 FR 2168.
2 Walk-in
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unnecessary burdens or deterring future
improvements to EDRs that have been
voluntarily installed. The 2008 final
rule also provided two additional years
of lead time to provide manufacturers
more time to implement the necessary
changes to EDR architectures within
their normal product development
cycles.4
On August 5, 2011,5 the agency
published a final rule responding to
three petitions for reconsideration and
made the following clarifications and
amendments to Part 563:
• Removed the required
standardization of the reporting
requirements for all acceleration data
requirements to address certification
issues with data clipping, filtering and
phase-shifting;
• Clarified the application of sensor
tolerances to within the range of the
applicable sensor;
• Clarified our position regarding
exclusion of peripheral sensors from the
reporting requirements for EDRs;
• Clarified the event storage
definition to alleviate uncertainties in
multiple event crashes;
• Revised requirements for the
capture of event data in crashes that:
Æ Involve side or side curtain/tube air
bags such that EDR data would only
need to be locked if the vehicle also
captures lateral delta-V data, and
Æ Involve non-reversible deployable
restraints other than frontal, side or
side/curtain tube air bags such that EDR
data would not need to be locked at the
option of the manufacturer,
• Clarified that any non-reversible
deployable restraint may serve as an
event trigger;
• Revised the minimum range
requirement for the ‘‘Steering input’’
data element from an angular basis to a
percentage basis; and
• Made other minor technical and
editorial corrections.
In response to the 2011 final rule, the
agency received three petitions for
reconsideration 6 from the Alliance of
Automobile Manufacturers (Alliance),
the Automotive Safety Council 7 (ASC),
and Honda Motor Co., LTD (Honda).
The Association of Global Automakers,
Inc. Technical Affairs Committee
(GAM), and Nissan North America, Inc.
(Nissan) both submitted comments in
support of the petitioners’ requests.
4 NHTSA issued a Federal Register notice on
February 8, 2008 (73 FR 8408) to correct the
placement of decimal points for data in Table II of
the final rule.
5 76 FR 47478.
6 See Docket number: NHTSA–2011–0106.
7 Formerly the ASC was known as the
Automotive Occupant Restraints Council.
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After careful consideration, the agency
is granting some aspects of the petitions,
and denying others. This document
amends the final rule accordingly.
II. Petitions for Reconsideration
A. Steering Input
Based on a petition for
reconsideration from Bosch, the 2011
final rule modified the format and range
of the steering input data element in
Table III from a range of -250 degrees
clockwise (CW) to 250 degrees
counterclockwise (CCW) with a
resolution specification of 1 percent to
a percentage of the lock-to-lock steering
wheel angle of ± 100 percent with a 1
percent range. The Alliance and Honda
petitioned the agency to revert the range
specification to the original range of
-250 degrees clockwise (CW) to 250
degrees counterclockwise (CCW) with a
resolution specification of 5 degrees. In
its petition the Alliance stated that
steering wheel angle sensors report the
actual steering wheel angle in degrees.
In order for the EDR to report the
steering input in percent, the EDR
module would need to have information
about the vehicle’s total lock-to-lock
steering wheel angle capability.
However, the total lock-to-lock steering
wheel angle may vary not only from one
vehicle model to another, but also
within a vehicle trim line.
The Alliance added that the same
vehicle trim line with a different
suspension package or gear box also
might have a different total lock-to-lock
angle and each vehicle line would need
to be specifically calibrated in order for
the EDR to report steering input as a
percentage based on that vehicle’s
steering wheel rotation capability. The
Alliance went on to state that
implementing the new EDR requirement
to report steering input in percent
would impose an unnecessary complex
proliferation of EDR calibrations to
match vehicle builds.
Honda noted that in addition to the
variability both between and within
vehicle trim lines, steering angle sensors
simply detect and display the actual
rotation angle of the steering wheel and
do not detect if the steering wheel is in
the locked position. Honda stated that it
could not report steering input as a
percentage value without drastic
changes to vehicle steering system
design and incorporation of new
steering angle sensors. Both Nissan and
GAM submitted comments in support of
the Alliance and Honda petitions to
reinstate the original input range to
¥250 degrees CW to 250 degrees CCW
with a resolution specification of 5
degrees.
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Bosch has submitted a letter in
support of the Honda and Alliance
petitions for reconsideration expressing
its agreement with the petitioners’
arguments.8 In its letter and in an exparte meeting with the agency, Bosch
reiterated the other petitioners’ concerns
that the data element change may
require additional calibration and
software changes. It noted that the
majority of electronic stability control
(ESC) systems utilize steering input
information in degrees, not percentages.
It stated that manufacturers may not
have enough time to implement this
change, and as a result may have to
remove the steering wheel angle data
from the EDR log.
SAE International (SAE) submitted to
the 2011 final rule docket what they
described as a technical amendment to
the steering input parameter. Its
submission supports a return to the
reporting of a ± 250 degrees steering
wheel angle. However, it indicated that
the sign convention for the direction of
rotation should be reversed such that it
should be reported as 250 degrees CW
to ¥250 degrees CCW. It indicated that
a CW positive sign is consistent with a
Z axis down (into the steering wheel)
philosophy explained in SAE
Recommended Practice J670, ‘‘Vehicle
Dynamics Terminology,’’ and well as
the philosophy being used to update the
EDR parameter definitions in SAE
Recommended Practice J1698–1, ‘‘Event
Data Recorder—Output Data
Definition.’’
Finally, SAE additionally requested
that the accuracy of this data element be
modified from ± 5 percent to the larger
of ± 5 degrees or ± 5 percent of the
reading. SAE stated that this change
would add clarity to the accuracy
specification while assuring that it is
not too small for small steering angles.
B. Data Clipping Flag
All three petitioners requested that
the agency consider delaying the
requirement that an EDR must flag the
first occurrence of input that saturates
or clips the sensor. The Alliance and
Honda agreed with the agency’s
intention to record the timing of when
the design range of a sensor is exceeded.
However, each petitioner commented
that it would be too difficult to complete
the necessary system programming
within the 12-month interval between
the August 5, 2011 final rule and the
September 1, 2012 effective date of Part
563. Honda requested the agency delay
this requirement for 1 year, while the
Alliance and GAM requested a 2-year
delay.
8 See
Docket No. NHTSA–2011–0106.
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Honda stated that given the extensive
ramifications of a software modification,
they investigated the feasibility of
detecting the time of a data clipping
occurrence through the data retrieval
tool. They stated that the result of this
investigation indicated that it is not
feasible to accurately capture the time of
data clipping due to the low frequency
in which the EDR records the data that
is available for imaging by the tool (100
Hz).
C. End of Event Time
The Alliance commented that the
revisions to the ‘‘End of event time’’
definition to be based on the resultant
vehicle delta-V will affect both the data
reporting requirements and the capture
and storage requirements for EDRs. The
ASC noted that this change could
require a real-time calculation to
determine when the resultant has been
met under all conditions. Both the
Alliance and the ASC noted that this
may result in changes to the EDR
software and require evaluation prior to
implementation. Honda noted that
certain strategies would determine the
end of event when both the lateral and
the longitudinal delta-V fall below the
0.8 km/h (0.5 mph) limit. In this case,
the end of event determined by the EDR
algorithm may be marginally earlier
than specified in Part 563. The Alliance
and Honda proposed that the agency
consider revising the end of event
definition as follows:
End of event time means the moment at
which (1) the cumulative longitudinal deltaV within a 20 ms time period becomes 0.8
km/h (0.5 mph) or less, and (2) for vehicles
that record ‘‘delta-V lateral’’, the cumulative
lateral delta-V within a 20 ms time period
becomes 0.8 km/h (0.5 mph) or less, or (3)
the crash detection algorithm of the air bag
control unit resets.
E. Non-Reversible Deployable Restraints
The Alliance and ASC petitioned the
agency to clarify the requirements for
data capture by EDRs in events utilizing
non-reversible deployable restraints
other than air bags. They stated their
belief that the agency intended to allow
capture and recording of deployments of
devices such as pretensioners at the
option of the manufacturer, but that the
current regulatory text in 49 CFR
563.9(b) does not specify this optional
nature. The ASC asked for clarification
on whether or not such non-reversible
restraint deployments would be
required to be locked. The GAM
supported the Alliance petition, and
recommended that the agency adopt the
Alliance proposal to codify the optional
nature of non-air bag, non-reversible
restraint deployments.
F. Multi Event Storage
The ASC requested clarification on
the locking of events involving side
impact air bags. It commented that the
regulatory text 9 could be interpreted to
mean that if a side impact deployment
occurs first, it would be locked and a
subsequent secondary frontal air bag
deployment would not be recorded. It
further suggested that this would not be
in keeping with the agency’s intent to
record frontal air bag deployments. The
GAM supported the ASC request for
clarification.
G. Technical Workshop
The GAM supported both the Alliance
and Honda petitions to make this
change to the end of event time
definition.
Honda and GAM requested that the
agency consider holding a technical
workshop to ensure that all stakeholders
are properly prepared to comply with
Part 563 given the myriad complex
issues and iterations of the regulation.
GAM added that such an exchange
would aid in resolving any additional
technical issues in the most expeditious
manner possible.
D. Occupant Size Classification
H. Compliance Test Procedures
Both the Alliance and Honda
requested clarification on the revisions
to the occupant size classifications
definition. They stated that the current
definition is misleading in that it may
now include the 5th percentile female
(as defined in 49 CFR part 572, subpart
O) in the same category as an adult,
particularly in the driver’s designated
seating position. The GAM supported
the Alliance and Honda petitions. The
petitioners requested that the agency
clarify if, in fact, it intended to include
5th percentile females in the larger
occupant category.
Honda, ASC, and GAM urged the
agency to publish a compliance test
procedure for Part 563 as soon as
possible. Without a test procedure, they
noted that it will be very difficult to
maintain consistent and reliable
compliance across the industry. The
ASC added that NHTSA should
harmonize the test procedure for Part
563 with the appropriate test procedures
for the Society of Automotive Engineers
(SAE) recommended practices.
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9 See
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49 CFR 563.9, Data capture.
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III. Analysis and Agency Decision
A. Steering Input
Steering input with respect to Part
563 is an optional data element used to
determine the driver’s intent prior to a
crash. In its petition for reconsideration
of the 2008 final rule, Bosch commented
that the Table III accuracy and
resolution requirements for the steering
input data element are inconsistent with
other data elements. It recommended
that the agency revise the range
definition for this data element to ± 100
percent. In response, the agency revised
the minimum range requirement for the
‘‘Steering input’’ data element from
¥250 degrees CW to 250 degrees CCW
to a value of ± 100 percent in Table III
in the 2011 final rule. We stated we
agreed with Bosch that this change
would be more consistent with the
accuracy and resolution requirements
being expressed as percentages. We also
believed the change would better
address state-of-the-art active steering
systems where the steering wheel angle
and tire position may not correlate.
In consideration of the Alliance and
Honda petitions for reconsideration of
the 2011 final rule on the issue of
steering input and the supporting
information subsequently provided by
Bosch, we are now reverting back to the
steering input data element range of
¥250 degrees CW to 250 degrees CCW
that was in the 2008 final rule. The
change to the range made in the 2011
final rule was not intended to add
unnecessary complexity to the vehicle’s
EDR. At the time of our earlier decision,
we agreed with the need for desired
consistency with other data elements
(such as throttle and accelerator pedal
position) and Bosch’s petition for this
change did not speak to the vehicle trim
line implications and the complexities
that would result.
We are not making this change in
response to comments suggesting that
the rule would require drastic changes
in steering design. We believe that the
reporting of angle as a percentage of full
lock to the tolerance required could be
implemented by a software change in
the download tool and knowledge of the
full lock angle for the vehicle make/
model.
At the time of our analysis for the
2011 final rule, the majority of EDR data
collected did not include steering input
in the vehicle pre-crash data set. As a
result, the agency had little practical
experience with manufacturer plans for
use of the voluntary steering input data
element. However, after reviewing more
recent EDR crash data where the precrash steering input was captured, we
believe the original steering input range
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measured in degrees may be a more
practical indicator. While the same
information could be obtained from a
percentage value, this would require
knowledge of the number of degrees to
fully lock in each direction. Rather, we
believe it would be more convenient to
crash investigators to have the degree
information without having to seek out
the additional information about the full
lock angle from the vehicle
manufacturer or other means. If an
investigator wishes to know the angle as
percentage of full lock, they can take the
extra step to get the full lock angle and
do the conversion.
We note that no change was made
based upon SAE’s comments. We have
considered their comments and
suggested ‘‘technical amendments.’’
However, we do not believe the changes
suggested by SAE could be considered
technical amendments. In addition, the
submission was received outside of the
45-day period for filing a petition for
reconsideration. As such, we will treat
it as a petition for rulemaking and will
consider it under our plans for
publishing an advance notice of
proposed rulemaking in the near future
to explore the potential for, and future
utility of, capturing additional EDR data
in light vehicles.
B. Data Clipping Flag
We agree with Honda, the Alliance,
ASC, and GAM that the data clipping
flag requirement should be delayed by
one year.
In the 2011 final rule, the agency
addressed the issue of data clipping that
may occur during extreme crash events,
or even for brief periods of time during
crash testing, by revising footnote 1 of
Table III to require manufacturers to
report when sensors first exceed their
design range. The 2011 final rule,
however, left the manner by which the
clipping is indicated up to the vehicle
manufacturer and did not limit the
potential methods for achieving this
requirement. Instead, we provided the
examples of a flag on the data trace, or
an additional reported field indicating
the timing of the clipping.
The Alliance, ASC, and GAM both
asserted that, although they were
supportive of the data clipping flag
requirement, that modifications,
including new software, will be
necessary in order to meet this
requirement. The Alliance and GAM
stated that an additional year is
necessary to make these modifications.
ASC requested that the data clipping
requirement be delayed or eliminated
until it can be properly studied. Honda
indicated that the data retrieval tool
cannot simply be reprogrammed to
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47555
detect data clipping and report it. It
further explained that the restraint
control systems developed to properly
operate the occupant restraint systems
were not designed to capture the time at
which the sensor inputs exceed their
design range. It also stated that it is not
feasible to accurately capture the
saturation timing via a data retrieval
tool because of the low sampling rate of
the EDR.
We agree with Honda, the Alliance,
ASC, and GAM that modifications may
be necessary to existing EDRs in order
to meet the data clipping flag. In
particular, Honda provided a reasoned
explanation of the software
modifications that would be necessary
to comply with the data clipping flag
requirement and why an additional year
is necessary. Although we believe that
it may be feasible to use the data
retrieval tool to detect data clipping to
a level of accuracy that would allow
manufacturers to report delta-V with the
required accuracy, we understand that
the use of the data retrieval tool to flag
the clipping may provide some shortterm technical challenges. Therefore, we
are providing one extra year of lead time
for this particular requirement to give
manufacturers additional flexibility.
C. End of Event Time
We are denying the Alliance, ASC,
and Honda petitions to reconsider
amendments to the definition for an end
of event. The petitioners state that the
addition of ‘‘resultant’’ to the definition
may marginally affect the determination
of the end of an event. The Alliance and
GAM noted that not all EDRs capture
lateral delta-V and that those vehicles
that do capture lateral delta-V may not
currently calculate the resultant. They
stated that calculating the resultant
delta-V could necessitate additional
software changes, delaying the ability of
the manufacturers to comply with Part
563.
The agency agrees that not all EDRs
capture lateral delta-V. However, we
note that in these cases, the resultant
delta-V would simply be the
longitudinal delta-V. For all other cases,
we believe there is sufficient latitude in
the definition for end of event for
vehicle manufactures to institute an
EDR strategy that meets the definition
without undue burden. We note that
manufacturers ultimately determine
how the crash detection algorithm
resets. Therefore, in cases where both
lateral and longitudinal delta-V data are
collected, manufacturers may opt to
determine when the end of the event
has occurred via the resultant
cumulative delta-V, or via any method
by which they choose to reset the crash
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detection algorithm. In the worst case,
the vehicle will need to capture the full
300 ms of delta-V data, which has been
required by Part 563 since the 2006 final
rule.
D. Occupant Size Classification
We are denying the Honda and
Alliance petitions to reconsider the
occupant size classifications. Since the
proposed rulemaking 10 stage of Part
563, the agency has intended for the
occupant size classification to be
inclusive of the 5th percentile female as
defined in 49 CFR part 572, subpart O.
The revisions enacted in the 2011 final
rule were simple clarifications to the
original agency intent. We do not
believe that there is a conflict with the
resolution for this data element in Table
III. Therefore, this data element will be
used to report if the occupant in a
designated seating position would meet
the criteria of the 5th percentile female
or larger.
E. Non-Reversible Deployment of
Restraints
We are denying the Alliance and ASC
petitions to clarify how the deployment
of non-reversible restraints other than
air bags are recorded. We believe that
section 563.9(b) is clear that when a
memory buffer is available, EDRs must
capture and record current event data
that does not involve deployment of an
air bag. If the memory buffers are full,
manufacturers may either overwrite any
previous data that does not involve
deployment of an air bag, or not record
the current event data if it does not
involve deployment of an air bag. In this
manner, manufacturers may prioritize
the capture of events that do not involve
deployments of air bags, but do deploy
other non-reversible restraints
regardless of type.
mstockstill on DSK4VPTVN1PROD with RULES
F. Multi-Event Storage
In response to the ASC request for
clarification on the locking of events
involving side impact air bags, we agree
that if a side impact deployment occurs
first and the EDR records lateral deltaV, this event would need to be locked;
however, a subsequent event (including
the deployment of a frontal air bag)
would not need to be recorded, but it
could be allowed at the option of the
manufacturer. We refer to the preambles
10 In the 2004 Part 563 NPRM, the data element
was ‘‘Occupant size driver occupant 5th female size
y/n.’’
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of the previous rulemakings on the
subject. Specifically, we stated the
following in the preamble to the 2011
final rule.11
* * * ‘‘In a side or side curtain/tube air
bag deployment crash, where lateral delta-V
is recorded by the EDR, capture and record
the current deployment data. The memory for
the air bag deployment event must be locked
to prevent any future overwriting of the
data.✖ Thus, any frontal air bag deployment,
or any side, or side curtain/tube air bag
deployment where lateral delta-V is recorded
by the EDR, would not require the EDR to
record a second, subsequent event, although
it would allow such recording. We note that
the phrase ‘up to two events’ remains in
§ 563.9(b) and so there continues to be an
obligation to record multiple non-air bag
deployment events.
G. Technical Workshop
In response to the Honda and GAM
request that the agency consider holding
a technical workshop to ensure that all
stakeholders are properly prepared to
comply with Part 563, we do not believe
that a technical workshop is needed at
this time. We remain open to this
possibility if the need presents itself in
the future.
H. Compliance Test Procedures
The agency is working with the SAE
EDR committee to ensure that any
compliance test procedure we produce
would consider the SAE J1698 Vehicle
Event Data Interface recommended
industry practices, as appropriate. The
test procedure and accompanying
documents will be provided in the
docket 12 for the 2011 final rule.
IV. Rulemaking Analyses and Notices
We have considered the impact of this
rulemaking action under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’ and the Department of
Transportation’s regulatory policies and
procedures. This rulemaking document
was not reviewed by the Office of
Management and Budget under those
two Executive Orders. It has been
determined not to be ‘‘nonsignificant’’
under Executive Order 12866 and the
Department of Transportation’s
regulatory policies and procedures. This
rule makes several technical changes to
the regulatory text of 49 CFR part 563,
76 FR 47482.
Docket No. NHTSA–2011–0106 at www.
regulations.gov.
and does not increase the regulatory
burden of manufacturers. A complete
statement of the costs and benefits of the
introduction of Part 563 are available in
the August 2006 final rule and the
accompanying Final Regulatory
Evaluation.13
The agency has discussed the relevant
requirements of the Vehicle Safety Act,
the Regulatory Flexibility Act, Executive
Order 13132 (Federalism), Executive
Order 12988 (Civil Justice Reform),
Executive Order 13045 (Protection of
Children from Health and Safety Risks),
the Paperwork Reduction Act, the
National Technology Transfer and
Advancement Act, Unfunded Mandates
Reform Act, and the National
Environmental Policy Act in the August
2006 final rule cited above. Those
discussions are not affected by these
technical changes.
Privacy Act
Please note that anyone is able to
search the electronic form of all
documents received into any of our
dockets by the name of the individual
submitting the document (or signing the
document, 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://www.dot.
gov/privacy.html.
List of Subjects in 49 CFR Part 563
Motor vehicle safety, Motor vehicles,
Reporting and recordkeeping
requirements.
Regulatory Text
In consideration of the foregoing, 49
CFR part 563 is amended as follows:
PART 563—EVENT DATA
RECORDERS
1. The authority citation for part 563
continues to read as follows:
■
Authority: 49 U.S.C. 322, 30101, 30111,
30115, 30117, 30166, 30168; delegation of
authority at 49 CFR 1.50.
2. In § 563.8, revise Table III in
paragraph (a) to read as follows:
■
§ 563.8
Data format.
(a) * * *
11 See
12 See
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25666–0002.
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Rules and Regulations
47557
TABLE III—REPORTED DATA ELEMENT FORMAT
Data element
Minimum range
Accuracy 1
Lateral acceleration .....................................
Longitudinal acceleration ............................
Normal Acceleration ....................................
Longitudinal delta-V ....................................
Lateral delta-V .............................................
Maximum delta-V, longitudinal ....................
Maximum delta-V, lateral ............................
Time, maximum delta-V, longitudinal .........
At option of manufacturer ...................
At option of manufacturer ...................
At option of manufacturer ...................
¥100 km/h to +100 km/h ...................
¥100 km/h to +100 km/h ...................
¥100 km/h to +100 km/h ...................
¥100 km/h to +100 km/h ...................
0–300 ms, or 0¥End of Event Time
plus 30 ms, whichever is shorter.
0–300 ms, or 0¥End of Event Time
plus 30 ms, whichever is shorter.
0–300 ms, or 0¥End of Event Time
plus 30 ms, whichever is shorter.
¥1080 deg to +1080 deg ..................
0 km/h to 200 km/h ............................
0 to 100% ...........................................
At option of manufacturer ...
At option of manufacturer ...
At option of manufacturer ...
± 10% ..................................
± 10% ..................................
± 10% ..................................
± 10% ..................................
± 3 ms .................................
At option of manufacturer.
At option of manufacturer.
At option of manufacturer.
1 km/h.
1 km/h.
1 km/h.
1 km/h.
2.5 ms.
± 3 ms .................................
2.5 ms.
± 3 ms .................................
2.5 ms.
± 10% ..................................
± 1 km/h ..............................
± 5% ....................................
10 deg.
1 km/h.
1%.
0 to 10,000 rpm ..................................
On or Off ............................................
On or Off ............................................
On, Off, or Engaged ...........................
¥250 deg CW to + 250 deg CCW ....
0 to 60,000 .........................................
0 to 60,000 .........................................
On or Off ............................................
On or Off ............................................
On or Off ............................................
On, Off, or Auto ..................................
± 100 rpm ............................
N/A ......................................
N/A ......................................
N/A ......................................
± 5% ....................................
± 1 cycle ..............................
± 1 cycle ..............................
N/A ......................................
N/A ......................................
N/A ......................................
N/A ......................................
100 rpm.
On or Off.
On or Off.
On, Off, or Engaged.
± 1%.
1 cycle.
1 cycle.
On or Off.
On or Off.
On or Off.
On, Off, or Auto.
0 to 250 ms ........................................
±ms ......................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
Yes or No ...........................................
N/A ......................................
Yes or No.
Yes or No ...........................................
N/A ......................................
Yes or No.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
0 to 250 ms ........................................
± 2 ms .................................
1 ms.
Yes or No ...........................................
N/A ......................................
Yes or No.
Yes or No ...........................................
N/A ......................................
Yes or No.
5th percentile female or larger ...........
Child ...................................................
N/A ......................................
N/A ......................................
Yes or No.
Yes or No.
Out of position ....................................
Out of position ....................................
N/A ......................................
N/A ......................................
Yes or No.
Yes or No.
1 or 2 ..................................................
0 to 5.0 sec ........................................
Yes or No ...........................................
N/A ......................................
0.1 sec .................................
N/A ......................................
1 or 2.
0.1 sec.
Yes or No.
Time, maximum delta-V, lateral ..................
Time, maximum delta-V, resultant ..............
Vehicle Roll Angle .......................................
Speed, vehicle indicated .............................
Engine throttle, percent full (accelerator
pedal percent full).
Engine rpm ..................................................
Service brake ..............................................
ABS activity .................................................
Stability control ............................................
Steering input ..............................................
Ignition cycle, crash ....................................
Ignition cycle, download ..............................
Safety belt status, driver .............................
Safety belt status, right front passenger .....
Frontal air bag warning lamp ......................
Frontal air bag suppression switch status,
right front passenger.
Frontal air bag deployment, time to deploy/
first stage, driver.
Frontal air bag deployment, time to deploy/
first stage, right front passenger.
Frontal air bag deployment, time to nth
stage, driver.
Frontal air bag deployment, time to nth
stage, right front passenger.
Frontal air bag deployment, nth stage disposal, driver.
Frontal air bag deployment, nth stage disposal, right front passenger.
Side air bag deployment, time to deploy,
driver.
Side air bag deployment, time to deploy,
right front passenger.
Side curtain/tube air bag deployment, time
to deploy, driver side.
Side curtain/tube air bag deployment, time
to deploy, right side.
Pretensioner deployment, time to fire, driver.
Pretensioner deployment, time to fire, right
front passenger.
Seat track position switch, foremost, status, driver.
Seat track position switch, foremost, status, right front passenger.
Occupant size classification, driver ............
Occupant size classification, right front
passenger.
Occupant position classification, driver ......
Occupant position classification, right front
passenger.
Multi-event, number of event ......................
Time from event 1 to 2 ...............................
Complete file recorded ................................
Resolution
mstockstill on DSK4VPTVN1PROD with RULES
1 Accuracy requirement only applies within the range of the physical sensor. For vehicles manufactured after September 1, 2014, if measurements captured by a sensor exceed the design range of the sensor, the reported element must indicate when the measurement first exceeded
the design range of the sensor.
*
*
*
*
Issued on: July 19, 2012.
David L. Strickland,
Administrator.
*
[FR Doc. 2012–19580 Filed 8–8–12; 8:45 am]
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Agencies
[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47552-47557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 563
[Docket No. NHTSA-2012-0099]
RIN 2127-AL14
Event Data Recorders
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; response to petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: On August 5, 2011, the agency published a final rule amending
the requirements for voluntarily installed event data recorders (EDRs)
established in August 2006. In response to the August 2011 final rule,
the agency received three petitions for reconsideration from the
Alliance of Automobile Manufacturers, the Automotive Safety Council,
and Honda Motor Co., LTD. The Association of Global Automakers, Inc.
Technical Affairs Committee, and Nissan North America, Inc. both
submitted comments in support of the petitioners' requests. After
careful consideration, the agency is granting some aspects of the
petitions, and denying others. This document amends the final rule
accordingly.
DATES: Effective Date: The amendments in this rule are effective
October 9, 2012.
Compliance Dates: Except as provided below, light vehicles
manufactured on or after September 1, 2012 that are equipped with an
EDR and manufacturers of those vehicles must comply with this rule.
However, vehicles that are manufactured in two or more stages or that
are altered are not required to comply with the rule until September 1,
2013. Voluntary compliance is permitted before that date.
Petitions: If you wish to submit a petition for reconsideration of
this rule, your petition must be received by September 24, 2012.
ADDRESSES: Petitions for reconsideration should refer to the docket
number and be submitted to: Administrator, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE., West Building, 4th
Floor, Washington, DC 20590. Please see the Privacy Act heading under
Rulemaking Analyses and Notices.
FOR FURTHER INFORMATION CONTACT: For technical and policy issues,
contact:
David Sutula, Office of Crashworthiness Standards, NVS-112.
Telephone: (202) 366-3273. Facsimile: (202) 366-7002.
For legal issues, contact: David Jasinski, Office of the Chief
Counsel, NCC-112. Telephone: (202) 366-2992. Facsimile: (202) 366-3820.
Both persons may be reached by mail at the following address: National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, 4th Floor, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
[[Page 47553]]
Table of Contents
I. Background
II. Petitions for Reconsideration
III. Analysis and Agency Decision
IV. Rulemaking Analyses and Notices
I. Background
In August 2006, NHTSA issued a final rule \1\ amending 49 CFR part
563 (Part 563) to establish uniform performance requirements for the
accuracy, collection, storage, survivability, and retrievability of
onboard motor vehicle crash EDRs voluntarily installed in light
passenger vehicles. Specifically, the regulation applies to passenger
cars, multipurpose passenger vehicles, trucks, and buses with a gross
vehicle weight rating (GVWR) of 3,855 kg (8,500 pounds) or less and an
unloaded vehicle weight of 2,495 kg (5,500 pounds) or less,\2\ that are
voluntarily equipped with an EDR. The 2006 final rule aimed to
standardize the data obtained through EDRs so that such data would
provide information to enhance the agency's understanding of crash
events and safety system performance, thereby potentially contributing
to safer vehicle designs and more effective safety regulations. The
2006 final rule was intended to be technology-neutral, so as to permit
compliance with any available EDR technology that meets the specified
performance requirements.
---------------------------------------------------------------------------
\1\ 71 FR 50998.
\2\ Walk-in van-type trucks or vehicles designed to be sold
exclusively to the U.S. Postal Service are excluded.
---------------------------------------------------------------------------
On January 14, 2008,\3\ the agency responded to petitions for
reconsideration on the August 2006 final rule, and made the following
amendments to Part 563:
---------------------------------------------------------------------------
\3\ 73 FR 2168.
---------------------------------------------------------------------------
Clarified the event storage definitions to alleviate any
uncertainties in multiple event crashes;
Revised certain sensor ranges and accuracies to reflect
current state of the art technologies;
Clarified the recorded data reporting format;
Specified vehicle storage conditions during compliance
testing;
Clarified the required data elements and scope of covered
sensors; and
Revised the effective date to provide sufficient time for
manufacturers and suppliers to comply with the rule.
The agency made these changes to encourage a broad application of EDR
technologies in motor vehicles and maximize the usefulness of EDR data
for vehicle designers, researchers, and the medical community, without
imposing unnecessary burdens or deterring future improvements to EDRs
that have been voluntarily installed. The 2008 final rule also provided
two additional years of lead time to provide manufacturers more time to
implement the necessary changes to EDR architectures within their
normal product development cycles.\4\
---------------------------------------------------------------------------
\4\ NHTSA issued a Federal Register notice on February 8, 2008
(73 FR 8408) to correct the placement of decimal points for data in
Table II of the final rule.
---------------------------------------------------------------------------
On August 5, 2011,\5\ the agency published a final rule responding
to three petitions for reconsideration and made the following
clarifications and amendments to Part 563:
---------------------------------------------------------------------------
\5\ 76 FR 47478.
---------------------------------------------------------------------------
Removed the required standardization of the reporting
requirements for all acceleration data requirements to address
certification issues with data clipping, filtering and phase-shifting;
Clarified the application of sensor tolerances to within
the range of the applicable sensor;
Clarified our position regarding exclusion of peripheral
sensors from the reporting requirements for EDRs;
Clarified the event storage definition to alleviate
uncertainties in multiple event crashes;
Revised requirements for the capture of event data in
crashes that:
[cir] Involve side or side curtain/tube air bags such that EDR data
would only need to be locked if the vehicle also captures lateral
delta-V data, and
[cir] Involve non-reversible deployable restraints other than
frontal, side or side/curtain tube air bags such that EDR data would
not need to be locked at the option of the manufacturer,
Clarified that any non-reversible deployable restraint may
serve as an event trigger;
Revised the minimum range requirement for the ``Steering
input'' data element from an angular basis to a percentage basis; and
Made other minor technical and editorial corrections.
In response to the 2011 final rule, the agency received three
petitions for reconsideration \6\ from the Alliance of Automobile
Manufacturers (Alliance), the Automotive Safety Council \7\ (ASC), and
Honda Motor Co., LTD (Honda). The Association of Global Automakers,
Inc. Technical Affairs Committee (GAM), and Nissan North America, Inc.
(Nissan) both submitted comments in support of the petitioners'
requests. After careful consideration, the agency is granting some
aspects of the petitions, and denying others. This document amends the
final rule accordingly.
---------------------------------------------------------------------------
\6\ See Docket number: NHTSA-2011-0106.
\7\ Formerly the ASC was known as the Automotive Occupant
Restraints Council.
---------------------------------------------------------------------------
II. Petitions for Reconsideration
A. Steering Input
Based on a petition for reconsideration from Bosch, the 2011 final
rule modified the format and range of the steering input data element
in Table III from a range of -250 degrees clockwise (CW) to 250 degrees
counterclockwise (CCW) with a resolution specification of 1 percent to
a percentage of the lock-to-lock steering wheel angle of
100 percent with a 1 percent range. The Alliance and Honda petitioned
the agency to revert the range specification to the original range of -
250 degrees clockwise (CW) to 250 degrees counterclockwise (CCW) with a
resolution specification of 5 degrees. In its petition the Alliance
stated that steering wheel angle sensors report the actual steering
wheel angle in degrees. In order for the EDR to report the steering
input in percent, the EDR module would need to have information about
the vehicle's total lock-to-lock steering wheel angle capability.
However, the total lock-to-lock steering wheel angle may vary not only
from one vehicle model to another, but also within a vehicle trim line.
The Alliance added that the same vehicle trim line with a different
suspension package or gear box also might have a different total lock-
to-lock angle and each vehicle line would need to be specifically
calibrated in order for the EDR to report steering input as a
percentage based on that vehicle's steering wheel rotation capability.
The Alliance went on to state that implementing the new EDR requirement
to report steering input in percent would impose an unnecessary complex
proliferation of EDR calibrations to match vehicle builds.
Honda noted that in addition to the variability both between and
within vehicle trim lines, steering angle sensors simply detect and
display the actual rotation angle of the steering wheel and do not
detect if the steering wheel is in the locked position. Honda stated
that it could not report steering input as a percentage value without
drastic changes to vehicle steering system design and incorporation of
new steering angle sensors. Both Nissan and GAM submitted comments in
support of the Alliance and Honda petitions to reinstate the original
input range to -250 degrees CW to 250 degrees CCW with a resolution
specification of 5 degrees.
[[Page 47554]]
Bosch has submitted a letter in support of the Honda and Alliance
petitions for reconsideration expressing its agreement with the
petitioners' arguments.\8\ In its letter and in an ex-parte meeting
with the agency, Bosch reiterated the other petitioners' concerns that
the data element change may require additional calibration and software
changes. It noted that the majority of electronic stability control
(ESC) systems utilize steering input information in degrees, not
percentages. It stated that manufacturers may not have enough time to
implement this change, and as a result may have to remove the steering
wheel angle data from the EDR log.
---------------------------------------------------------------------------
\8\ See Docket No. NHTSA-2011-0106.
---------------------------------------------------------------------------
SAE International (SAE) submitted to the 2011 final rule docket
what they described as a technical amendment to the steering input
parameter. Its submission supports a return to the reporting of a
250 degrees steering wheel angle. However, it indicated
that the sign convention for the direction of rotation should be
reversed such that it should be reported as 250 degrees CW to -250
degrees CCW. It indicated that a CW positive sign is consistent with a
Z axis down (into the steering wheel) philosophy explained in SAE
Recommended Practice J670, ``Vehicle Dynamics Terminology,'' and well
as the philosophy being used to update the EDR parameter definitions in
SAE Recommended Practice J1698-1, ``Event Data Recorder--Output Data
Definition.''
Finally, SAE additionally requested that the accuracy of this data
element be modified from 5 percent to the larger of 5 degrees or 5 percent of the reading. SAE stated
that this change would add clarity to the accuracy specification while
assuring that it is not too small for small steering angles.
B. Data Clipping Flag
All three petitioners requested that the agency consider delaying
the requirement that an EDR must flag the first occurrence of input
that saturates or clips the sensor. The Alliance and Honda agreed with
the agency's intention to record the timing of when the design range of
a sensor is exceeded. However, each petitioner commented that it would
be too difficult to complete the necessary system programming within
the 12-month interval between the August 5, 2011 final rule and the
September 1, 2012 effective date of Part 563. Honda requested the
agency delay this requirement for 1 year, while the Alliance and GAM
requested a 2-year delay.
Honda stated that given the extensive ramifications of a software
modification, they investigated the feasibility of detecting the time
of a data clipping occurrence through the data retrieval tool. They
stated that the result of this investigation indicated that it is not
feasible to accurately capture the time of data clipping due to the low
frequency in which the EDR records the data that is available for
imaging by the tool (100 Hz).
C. End of Event Time
The Alliance commented that the revisions to the ``End of event
time'' definition to be based on the resultant vehicle delta-V will
affect both the data reporting requirements and the capture and storage
requirements for EDRs. The ASC noted that this change could require a
real-time calculation to determine when the resultant has been met
under all conditions. Both the Alliance and the ASC noted that this may
result in changes to the EDR software and require evaluation prior to
implementation. Honda noted that certain strategies would determine the
end of event when both the lateral and the longitudinal delta-V fall
below the 0.8 km/h (0.5 mph) limit. In this case, the end of event
determined by the EDR algorithm may be marginally earlier than
specified in Part 563. The Alliance and Honda proposed that the agency
consider revising the end of event definition as follows:
End of event time means the moment at which (1) the cumulative
longitudinal delta-V within a 20 ms time period becomes 0.8 km/h
(0.5 mph) or less, and (2) for vehicles that record ``delta-V
lateral'', the cumulative lateral delta-V within a 20 ms time period
becomes 0.8 km/h (0.5 mph) or less, or (3) the crash detection
algorithm of the air bag control unit resets.
The GAM supported both the Alliance and Honda petitions to make
this change to the end of event time definition.
D. Occupant Size Classification
Both the Alliance and Honda requested clarification on the
revisions to the occupant size classifications definition. They stated
that the current definition is misleading in that it may now include
the 5th percentile female (as defined in 49 CFR part 572, subpart O) in
the same category as an adult, particularly in the driver's designated
seating position. The GAM supported the Alliance and Honda petitions.
The petitioners requested that the agency clarify if, in fact, it
intended to include 5th percentile females in the larger occupant
category.
E. Non-Reversible Deployable Restraints
The Alliance and ASC petitioned the agency to clarify the
requirements for data capture by EDRs in events utilizing non-
reversible deployable restraints other than air bags. They stated their
belief that the agency intended to allow capture and recording of
deployments of devices such as pretensioners at the option of the
manufacturer, but that the current regulatory text in 49 CFR 563.9(b)
does not specify this optional nature. The ASC asked for clarification
on whether or not such non-reversible restraint deployments would be
required to be locked. The GAM supported the Alliance petition, and
recommended that the agency adopt the Alliance proposal to codify the
optional nature of non-air bag, non-reversible restraint deployments.
F. Multi Event Storage
The ASC requested clarification on the locking of events involving
side impact air bags. It commented that the regulatory text \9\ could
be interpreted to mean that if a side impact deployment occurs first,
it would be locked and a subsequent secondary frontal air bag
deployment would not be recorded. It further suggested that this would
not be in keeping with the agency's intent to record frontal air bag
deployments. The GAM supported the ASC request for clarification.
---------------------------------------------------------------------------
\9\ See 49 CFR 563.9, Data capture.
---------------------------------------------------------------------------
G. Technical Workshop
Honda and GAM requested that the agency consider holding a
technical workshop to ensure that all stakeholders are properly
prepared to comply with Part 563 given the myriad complex issues and
iterations of the regulation. GAM added that such an exchange would aid
in resolving any additional technical issues in the most expeditious
manner possible.
H. Compliance Test Procedures
Honda, ASC, and GAM urged the agency to publish a compliance test
procedure for Part 563 as soon as possible. Without a test procedure,
they noted that it will be very difficult to maintain consistent and
reliable compliance across the industry. The ASC added that NHTSA
should harmonize the test procedure for Part 563 with the appropriate
test procedures for the Society of Automotive Engineers (SAE)
recommended practices.
[[Page 47555]]
III. Analysis and Agency Decision
A. Steering Input
Steering input with respect to Part 563 is an optional data element
used to determine the driver's intent prior to a crash. In its petition
for reconsideration of the 2008 final rule, Bosch commented that the
Table III accuracy and resolution requirements for the steering input
data element are inconsistent with other data elements. It recommended
that the agency revise the range definition for this data element to
100 percent. In response, the agency revised the minimum
range requirement for the ``Steering input'' data element from -250
degrees CW to 250 degrees CCW to a value of 100 percent in
Table III in the 2011 final rule. We stated we agreed with Bosch that
this change would be more consistent with the accuracy and resolution
requirements being expressed as percentages. We also believed the
change would better address state-of-the-art active steering systems
where the steering wheel angle and tire position may not correlate.
In consideration of the Alliance and Honda petitions for
reconsideration of the 2011 final rule on the issue of steering input
and the supporting information subsequently provided by Bosch, we are
now reverting back to the steering input data element range of -250
degrees CW to 250 degrees CCW that was in the 2008 final rule. The
change to the range made in the 2011 final rule was not intended to add
unnecessary complexity to the vehicle's EDR. At the time of our earlier
decision, we agreed with the need for desired consistency with other
data elements (such as throttle and accelerator pedal position) and
Bosch's petition for this change did not speak to the vehicle trim line
implications and the complexities that would result.
We are not making this change in response to comments suggesting
that the rule would require drastic changes in steering design. We
believe that the reporting of angle as a percentage of full lock to the
tolerance required could be implemented by a software change in the
download tool and knowledge of the full lock angle for the vehicle
make/model.
At the time of our analysis for the 2011 final rule, the majority
of EDR data collected did not include steering input in the vehicle
pre-crash data set. As a result, the agency had little practical
experience with manufacturer plans for use of the voluntary steering
input data element. However, after reviewing more recent EDR crash data
where the pre-crash steering input was captured, we believe the
original steering input range measured in degrees may be a more
practical indicator. While the same information could be obtained from
a percentage value, this would require knowledge of the number of
degrees to fully lock in each direction. Rather, we believe it would be
more convenient to crash investigators to have the degree information
without having to seek out the additional information about the full
lock angle from the vehicle manufacturer or other means. If an
investigator wishes to know the angle as percentage of full lock, they
can take the extra step to get the full lock angle and do the
conversion.
We note that no change was made based upon SAE's comments. We have
considered their comments and suggested ``technical amendments.''
However, we do not believe the changes suggested by SAE could be
considered technical amendments. In addition, the submission was
received outside of the 45-day period for filing a petition for
reconsideration. As such, we will treat it as a petition for rulemaking
and will consider it under our plans for publishing an advance notice
of proposed rulemaking in the near future to explore the potential for,
and future utility of, capturing additional EDR data in light vehicles.
B. Data Clipping Flag
We agree with Honda, the Alliance, ASC, and GAM that the data
clipping flag requirement should be delayed by one year.
In the 2011 final rule, the agency addressed the issue of data
clipping that may occur during extreme crash events, or even for brief
periods of time during crash testing, by revising footnote 1 of Table
III to require manufacturers to report when sensors first exceed their
design range. The 2011 final rule, however, left the manner by which
the clipping is indicated up to the vehicle manufacturer and did not
limit the potential methods for achieving this requirement. Instead, we
provided the examples of a flag on the data trace, or an additional
reported field indicating the timing of the clipping.
The Alliance, ASC, and GAM both asserted that, although they were
supportive of the data clipping flag requirement, that modifications,
including new software, will be necessary in order to meet this
requirement. The Alliance and GAM stated that an additional year is
necessary to make these modifications. ASC requested that the data
clipping requirement be delayed or eliminated until it can be properly
studied. Honda indicated that the data retrieval tool cannot simply be
reprogrammed to detect data clipping and report it. It further
explained that the restraint control systems developed to properly
operate the occupant restraint systems were not designed to capture the
time at which the sensor inputs exceed their design range. It also
stated that it is not feasible to accurately capture the saturation
timing via a data retrieval tool because of the low sampling rate of
the EDR.
We agree with Honda, the Alliance, ASC, and GAM that modifications
may be necessary to existing EDRs in order to meet the data clipping
flag. In particular, Honda provided a reasoned explanation of the
software modifications that would be necessary to comply with the data
clipping flag requirement and why an additional year is necessary.
Although we believe that it may be feasible to use the data retrieval
tool to detect data clipping to a level of accuracy that would allow
manufacturers to report delta-V with the required accuracy, we
understand that the use of the data retrieval tool to flag the clipping
may provide some short-term technical challenges. Therefore, we are
providing one extra year of lead time for this particular requirement
to give manufacturers additional flexibility.
C. End of Event Time
We are denying the Alliance, ASC, and Honda petitions to reconsider
amendments to the definition for an end of event. The petitioners state
that the addition of ``resultant'' to the definition may marginally
affect the determination of the end of an event. The Alliance and GAM
noted that not all EDRs capture lateral delta-V and that those vehicles
that do capture lateral delta-V may not currently calculate the
resultant. They stated that calculating the resultant delta-V could
necessitate additional software changes, delaying the ability of the
manufacturers to comply with Part 563.
The agency agrees that not all EDRs capture lateral delta-V.
However, we note that in these cases, the resultant delta-V would
simply be the longitudinal delta-V. For all other cases, we believe
there is sufficient latitude in the definition for end of event for
vehicle manufactures to institute an EDR strategy that meets the
definition without undue burden. We note that manufacturers ultimately
determine how the crash detection algorithm resets. Therefore, in cases
where both lateral and longitudinal delta-V data are collected,
manufacturers may opt to determine when the end of the event has
occurred via the resultant cumulative delta-V, or via any method by
which they choose to reset the crash
[[Page 47556]]
detection algorithm. In the worst case, the vehicle will need to
capture the full 300 ms of delta-V data, which has been required by
Part 563 since the 2006 final rule.
D. Occupant Size Classification
We are denying the Honda and Alliance petitions to reconsider the
occupant size classifications. Since the proposed rulemaking \10\ stage
of Part 563, the agency has intended for the occupant size
classification to be inclusive of the 5th percentile female as defined
in 49 CFR part 572, subpart O. The revisions enacted in the 2011 final
rule were simple clarifications to the original agency intent. We do
not believe that there is a conflict with the resolution for this data
element in Table III. Therefore, this data element will be used to
report if the occupant in a designated seating position would meet the
criteria of the 5th percentile female or larger.
---------------------------------------------------------------------------
\10\ In the 2004 Part 563 NPRM, the data element was ``Occupant
size driver occupant 5th female size y/n.''
---------------------------------------------------------------------------
E. Non-Reversible Deployment of Restraints
We are denying the Alliance and ASC petitions to clarify how the
deployment of non-reversible restraints other than air bags are
recorded. We believe that section 563.9(b) is clear that when a memory
buffer is available, EDRs must capture and record current event data
that does not involve deployment of an air bag. If the memory buffers
are full, manufacturers may either overwrite any previous data that
does not involve deployment of an air bag, or not record the current
event data if it does not involve deployment of an air bag. In this
manner, manufacturers may prioritize the capture of events that do not
involve deployments of air bags, but do deploy other non-reversible
restraints regardless of type.
F. Multi-Event Storage
In response to the ASC request for clarification on the locking of
events involving side impact air bags, we agree that if a side impact
deployment occurs first and the EDR records lateral delta-V, this event
would need to be locked; however, a subsequent event (including the
deployment of a frontal air bag) would not need to be recorded, but it
could be allowed at the option of the manufacturer. We refer to the
preambles of the previous rulemakings on the subject. Specifically, we
stated the following in the preamble to the 2011 final rule.\11\
---------------------------------------------------------------------------
\11\ See 76 FR 47482.
* * * ``In a side or side curtain/tube air bag deployment crash,
where lateral delta-V is recorded by the EDR, capture and record the
current deployment data. The memory for the air bag deployment event
must be locked to prevent any future overwriting of the data.[lrquo]
Thus, any frontal air bag deployment, or any side, or side curtain/
tube air bag deployment where lateral delta-V is recorded by the
EDR, would not require the EDR to record a second, subsequent event,
although it would allow such recording. We note that the phrase `up
to two events' remains in Sec. 563.9(b) and so there continues to
---------------------------------------------------------------------------
be an obligation to record multiple non-air bag deployment events.
G. Technical Workshop
In response to the Honda and GAM request that the agency consider
holding a technical workshop to ensure that all stakeholders are
properly prepared to comply with Part 563, we do not believe that a
technical workshop is needed at this time. We remain open to this
possibility if the need presents itself in the future.
H. Compliance Test Procedures
The agency is working with the SAE EDR committee to ensure that any
compliance test procedure we produce would consider the SAE J1698
Vehicle Event Data Interface recommended industry practices, as
appropriate. The test procedure and accompanying documents will be
provided in the docket \12\ for the 2011 final rule.
---------------------------------------------------------------------------
\12\ See Docket No. NHTSA-2011-0106 at www.regulations.gov.
---------------------------------------------------------------------------
IV. Rulemaking Analyses and Notices
We have considered the impact of this rulemaking action under
Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' and the
Department of Transportation's regulatory policies and procedures. This
rulemaking document was not reviewed by the Office of Management and
Budget under those two Executive Orders. It has been determined not to
be ``nonsignificant'' under Executive Order 12866 and the Department of
Transportation's regulatory policies and procedures. This rule makes
several technical changes to the regulatory text of 49 CFR part 563,
and does not increase the regulatory burden of manufacturers. A
complete statement of the costs and benefits of the introduction of
Part 563 are available in the August 2006 final rule and the
accompanying Final Regulatory Evaluation.\13\
---------------------------------------------------------------------------
\13\ See 71 FR 51041; Docket No. NHTSA-2006-25666-0002.
---------------------------------------------------------------------------
The agency has discussed the relevant requirements of the Vehicle
Safety Act, the Regulatory Flexibility Act, Executive Order 13132
(Federalism), Executive Order 12988 (Civil Justice Reform), Executive
Order 13045 (Protection of Children from Health and Safety Risks), the
Paperwork Reduction Act, the National Technology Transfer and
Advancement Act, Unfunded Mandates Reform Act, and the National
Environmental Policy Act in the August 2006 final rule cited above.
Those discussions are not affected by these technical changes.
Privacy Act
Please note that anyone is able to search the electronic form of
all documents received into any of our dockets by the name of the
individual submitting the document (or signing the document, 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://www.dot.gov/privacy.html.
List of Subjects in 49 CFR Part 563
Motor vehicle safety, Motor vehicles, Reporting and recordkeeping
requirements.
Regulatory Text
In consideration of the foregoing, 49 CFR part 563 is amended as
follows:
PART 563--EVENT DATA RECORDERS
0
1. The authority citation for part 563 continues to read as follows:
Authority: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166,
30168; delegation of authority at 49 CFR 1.50.
0
2. In Sec. 563.8, revise Table III in paragraph (a) to read as
follows:
Sec. 563.8 Data format.
(a) * * *
[[Page 47557]]
Table III--Reported Data Element Format
----------------------------------------------------------------------------------------------------------------
Data element Minimum range Accuracy \1\ Resolution
----------------------------------------------------------------------------------------------------------------
Lateral acceleration................ At option of At option of At option of
manufacturer. manufacturer. manufacturer.
Longitudinal acceleration........... At option of At option of At option of
manufacturer. manufacturer. manufacturer.
Normal Acceleration................. At option of At option of At option of
manufacturer. manufacturer. manufacturer.
Longitudinal delta-V................ -100 km/h to +100 km/h.. 10%....... 1 km/h.
Lateral delta-V..................... -100 km/h to +100 km/h.. 10%....... 1 km/h.
Maximum delta-V, longitudinal....... -100 km/h to +100 km/h.. 10%....... 1 km/h.
Maximum delta-V, lateral............ -100 km/h to +100 km/h.. 10%....... 1 km/h.
Time, maximum delta-V, longitudinal. 0-300 ms, or 0-End of 3 ms...... 2.5 ms.
Event Time plus 30 ms,
whichever is shorter.
Time, maximum delta-V, lateral...... 0-300 ms, or 0-End of 3 ms...... 2.5 ms.
Event Time plus 30 ms,
whichever is shorter.
Time, maximum delta-V, resultant.... 0-300 ms, or 0-End of 3 ms...... 2.5 ms.
Event Time plus 30 ms,
whichever is shorter.
Vehicle Roll Angle.................. -1080 deg to +1080 deg.. 10%....... 10 deg.
Speed, vehicle indicated............ 0 km/h to 200 km/h...... 1 km/h.... 1 km/h.
Engine throttle, percent full 0 to 100%............... 5%........ 1%.
(accelerator pedal percent full).
Engine rpm.......................... 0 to 10,000 rpm......... 100 rpm... 100 rpm.
Service brake....................... On or Off............... N/A.................... On or Off.
ABS activity........................ On or Off............... N/A.................... On or Off.
Stability control................... On, Off, or Engaged..... N/A.................... On, Off, or Engaged.
Steering input...................... -250 deg CW to + 250 deg 5%........ 1%.
CCW.
Ignition cycle, crash............... 0 to 60,000............. 1 cycle... 1 cycle.
Ignition cycle, download............ 0 to 60,000............. 1 cycle... 1 cycle.
Safety belt status, driver.......... On or Off............... N/A.................... On or Off.
Safety belt status, right front On or Off............... N/A.................... On or Off.
passenger.
Frontal air bag warning lamp........ On or Off............... N/A.................... On or Off.
Frontal air bag suppression switch On, Off, or Auto........ N/A.................... On, Off, or Auto.
status, right front passenger.
Frontal air bag deployment, time to 0 to 250 ms............. ms......... 1 ms.
deploy/first stage, driver.
Frontal air bag deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
deploy/first stage, right front
passenger.
Frontal air bag deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
nth stage, driver.
Frontal air bag deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
nth stage, right front passenger.
Frontal air bag deployment, nth Yes or No............... N/A.................... Yes or No.
stage disposal, driver.
Frontal air bag deployment, nth Yes or No............... N/A.................... Yes or No.
stage disposal, right front
passenger.
Side air bag deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
deploy, driver.
Side air bag deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
deploy, right front passenger.
Side curtain/tube air bag 0 to 250 ms............. 2 ms...... 1 ms.
deployment, time to deploy, driver
side.
Side curtain/tube air bag 0 to 250 ms............. 2 ms...... 1 ms.
deployment, time to deploy, right
side.
Pretensioner deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
fire, driver.
Pretensioner deployment, time to 0 to 250 ms............. 2 ms...... 1 ms.
fire, right front passenger.
Seat track position switch, Yes or No............... N/A.................... Yes or No.
foremost, status, driver.
Seat track position switch, Yes or No............... N/A.................... Yes or No.
foremost, status, right front
passenger.
Occupant size classification, driver 5th percentile female or N/A.................... Yes or No.
larger.
Occupant size classification, right Child................... N/A.................... Yes or No.
front passenger.
Occupant position classification, Out of position......... N/A.................... Yes or No.
driver.
Occupant position classification, Out of position......... N/A.................... Yes or No.
right front passenger.
Multi-event, number of event........ 1 or 2.................. N/A.................... 1 or 2.
Time from event 1 to 2.............. 0 to 5.0 sec............ 0.1 sec................ 0.1 sec.
Complete file recorded.............. Yes or No............... N/A.................... Yes or No.
----------------------------------------------------------------------------------------------------------------
\1\ Accuracy requirement only applies within the range of the physical sensor. For vehicles manufactured after
September 1, 2014, if measurements captured by a sensor exceed the design range of the sensor, the reported
element must indicate when the measurement first exceeded the design range of the sensor.
* * * * *
Issued on: July 19, 2012.
David L. Strickland,
Administrator.
[FR Doc. 2012-19580 Filed 8-8-12; 8:45 am]
BILLING CODE 4910-59-P