Federal Motor Vehicle Safety Standards; Occupant Crash Protection, Seat Belt Reminder Systems, 61674-61743 [2023-18413]
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Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2023–0032]
RIN 2127–AL37
Federal Motor Vehicle Safety
Standards; Occupant Crash
Protection, Seat Belt Reminder
Systems
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The Moving Ahead for
Progress in the 21st Century Act of 2012
(MAP–21) directs NHTSA to initiate a
rulemaking proceeding to amend
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, ‘‘Occupant crash
protection,’’ to require a seat belt use
warning system for rear seats. Pursuant
to this mandate and following on an
earlier Advance Notice of Proposed
Rulemaking, NHTSA is proposing to
require a seat belt warning system for
the rear seats of passenger cars, trucks,
most buses, and multipurpose passenger
vehicles with a gross vehicle weight
rating of 4,536 kilograms (10,000
pounds) or less. This document also
proposes to enhance the existing front
seat belt warning requirements,
including requiring a seat belt warning
for the front outboard passenger seat
and increasing the duration of the
warning.
DATES: You should submit your
comments early enough to be received
not later than November 6, 2023. In
compliance with the Paperwork
Reduction Act, NHTSA is also seeking
comment on a revision to an existing
information collection. For additional
information, see the Paperwork
Reduction Act section under the
Regulatory Notices and Analyses section
below. All comments relating to the
information collection requirements
should be submitted to NHTSA and to
the Office of Management and Budget
(OMB) at the address listed in the
ADDRESSES section on or before
November 6, 2023.
DATES: Proposed effective date: The first
September 1 that is one year after the
publication of the final rule for the front
seat belt warning system requirements
and the first September 1 that is two
years after the publication of the final
rule for the rear seat belt warning
system requirements, with optional
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SUMMARY:
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early compliance permitted. Multi-stage
manufacturers and alterers would have
an additional year to comply.
ADDRESSES: You may submit comments
electronically to the docket identified in
the heading of this document by visiting
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Alternatively, you can file comments
using the following methods:
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9826 before
coming.
• Fax: (202) 493–2251.
Regardless of how you submit your
comments, you should mention the
docket number identified in the heading
of this document.
Comments on the proposed
information collection requirements
should be submitted to: Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function. It is requested
that comments sent to the OMB also be
sent to the NHTSA rulemaking docket
identified in the heading of this
document.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Information
Number (RIN) for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
Public Participation heading of the
Supplementary Information section of
this document. Note that all comments
received will be posted without change
to https://www.regulations.gov,
including any personal information
provided. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. You may also
access the docket at 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
Telephone: 202–366–9826.
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Confidential Business Information: If
you claim that any of the information in
your comment (including any additional
documents or attachments) constitutes
confidential business information
within the meaning of 5 U.S.C. 552(b)(4)
or is protected from disclosure pursuant
to 18 U.S.C. 1905, please see the
detailed instructions given under the
Public Participation heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Privacy Act: Please see the Privacy
Act heading under the Regulatory
Analyses section of this document.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may contact Ms.
Carla Rush, Office of Crashworthiness
Standards, Telephone: (202) 366–4583;
Email: carla.rush@dot.gov; Facsimile:
(202) 493–2739. For legal issues, you
may contact Mr. John Piazza, Office of
Chief Counsel, Telephone: (202) 366–
2992; Email: John.Piazza@dot.gov;
Facsimile: (202) 366–3820. The address
of these officials is: the National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Regulatory and Legislative History
IV. ECE Requirements and Euro NCAP
V. NHTSA Research on Effectiveness and
Acceptance of Seat Belt Warning
Systems
VI. Safety Need
VII. ANPRM
VIII. NHTSA’s Statutory Authority
IX. Overview of Proposed Requirements
X. Proposed Rear Seat Belt Warning
A. Overview
B. Applicability
C. Requirements
1. Visual Warning on Vehicle Start-Up
a. Compliance Options for the Type of
Information Conveyed
b. Triggering Conditions
c. Seat Occupancy Criteria and Interaction
With Child Restraint Systems
d. Minimum Duration
2. Audio-Visual Change-of-Status Warning
3. Telltale Location
4. Telltale Characteristics
5. Belt Use Criteria
6. Electrical Connections
7. Owner’s Manual Instructions
8. Interaction With Other Vehicle Warnings
D. Alternative Warning Signals
E. Resistance to Intentional and
Inadvertent Defeat and Deactivation
F. Consumer Acceptance
G. Technological and Economic Feasibility
XI. Warning Requirements for Front
Outboard Seats
A. Seat Belt Warning for Front Outboard
Passenger Seat
B. Driver’s Seat Belt Warning for MediumSized Buses
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C. Amendments to the Current Warning
Signal Requirements
1. Increasing the Duration of the AudioVisual Warning on Vehicle Start-Up
2. Requiring an Audio-Visual Change-ofStatus Warning
3. Audible Warning Characteristics
4. Visual Warning Characteristics
5. Other Warning Signal Features and
Criteria
XII. Other issues
A. Automatic Belts
B. Test Procedures
C. Considerations for Automated Driving
Systems
XIII. Regulatory Alternatives
A. ECE R16 and Euro NCAP
B. Occupant Detection and Enhanced
Warning Signals for the Rear Seat Belt
Warning
C. Non-Regulatory Alternatives
D. Requiring a Warning System for the
Front Center Seat
E. Requiring a 90 Second Duration Seat
Belt Warning System for the Front
Outboard Seating Positions
XIV. Overview of Benefits and Costs
A. Proposed Requirements
1. Rear Seat Belt Warning System
2. Front Seat Belt Warning System
3. Overall Benefits and Costs of Proposal
B. Regulatory Alternatives
1. Occupant Detection in Rear Seats
2. 90-Second Front Outboard Seat Belt
Warning
3. Seat Belt Warning for Front Center Seat
XV. Proposed Effective Date
XVI. Regulatory Analyses
XVII. Public Participation
Appendix A—Front Outboard Seat Belt
Warnings—Additional Data
Proposed Regulatory Text
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I. Executive Summary
In 2020, there were 39,007 motor
vehicle traffic fatalities in the United
States.1 This was 2,652 more fatalities
than in 2019 (when there were 36,355
fatalities).2 In 2021, motor vehicle traffic
fatalities increased again to 42,939.3 The
traffic fatality count in 2021 is the
highest since 2005 (43,510) and
represents the second year-to-year
increase since 2019.4 The 10-percent
fatality increase from 2020 to 2021 is the
highest year-to-year percentage increase
since FARS started data collection in
1975.5 NHTSA has preliminarily
estimated 42,795 fatalities in 2022,
representing a small decrease of about
0.3% from 2021.6 The Moving Ahead
1 Stewart, T. (April 2023). Overview of Motor
Vehicle Traffic Crashes in 2021 (Report NO. DOT
HS 813 435. National Highway Traffic Safety
Administration, pg. 5.
2 Id. at pg. 2.
3 Id. at pg. 5.
4 Id.
5 Id. The 2021 fatality estimates are not entirely
final, and may change somewhat as NHTSA
receives further updates or corrections.
6 See https://www.transportation.gov/briefingroom/nhtsa-estimates-2022-show-roadwayfatalities-remain-flat-after-two-years-dramatic.
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for Progress in the 21st Century Act
(MAP–21) directed NHTSA to initiate a
rulemaking to require a seat belt
warning for the rear seats in motor
vehicles. In addition, the Department of
Transportation has released a
comprehensive National Roadway
Safety Strategy to address the rise in
roadway fatalities and injuries. Part of
that strategy is to make vehicles safer.
Consistent with MAP–21 and the
National Roadway Safety Strategy, this
NPRM proposes to require a seat belt
use warning system 7 for the rear seats
of passenger cars, trucks, buses (except
school buses, for various reasons
detailed in the Applicability section of
the preamble, including practicability
and cost concerns), and multipurpose
passenger vehicles (MPVs) with a
GVWR of 4,536 kg (10,000 lb) or less.
This NPRM also proposes several
changes and enhancements to the
existing front seat belt warning
requirements, including increasing the
duration of the audio-visual seat belt
warning on vehicle start-up.
Safety Need for the Proposed Rule
Using a seat belt is one of the most
effective actions a motor vehicle
occupant can take to prevent death and
injury in a crash. Seat belts prevent
occupants from being ejected from the
vehicle, provide ‘‘ride-down’’ by
gradually decelerating the occupant as
the vehicle deforms and absorbs energy,
and reduce the occurrence of occupant
contact with harmful interior surfaces
and other occupants. Seat belts are
effective in most types of crashes, and
greatly reduce the risk of fatal and nonfatal injuries compared to the risk faced
by unrestrained occupants.
While seat belt use is meaningfully
higher than it was a decade ago, there
is room for improvement. Usage rates
for seat belts in rear seats have
consistently been below those for the
front seats, and while front seat belt use
rates increased early in the previous
decade, for the last several years they
have plateaued. According to data from
NHTSA’s annual study of observed seat
belt use, from 2012 to 2021, seat belt use
was lower in the rear seat than in the
front seat, ranging from a difference of
about 9 percent in 2013 (78% vs. 87%)
to about 14 percent in 2017 (75% vs.
89%).8 During that time, front seat belt
Though NHTSA acknowledges fatalities essentially
remained flat in 2022, NHTSA does not know if this
trend will continue to remain flat or if there will
be further increases in fatalities.
7 Seat belt use warning systems may also be
referred to in this preamble as seat belt ‘‘warning
systems’’ (or SBWS) or seat belt ‘‘reminder’’ systems
(or SBRSs).
8 Boyle, L.L. (2022, August). Occupant restraint
use in 2021: Results from the NOPUS Controlled
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use rates ranged from about 86% in
2012 to 91% in 2019. In 2021, front seat
belt use was about 90%, and rear seat
belt use was about 78%. Accordingly,
every year, thousands of unrestrained
motor vehicle occupants are killed in
crashes, and tens of thousands of
unrestrained occupants are injured
(additional details on the target
population are provided in the summary
of benefits and costs later in this
executive summary).
Many of these unbelted occupants are
likely amenable to using a seat belt. Seat
belt nonusers can be categorized as
either ‘‘part-time’’ nonusers or so-called
‘‘hard-core’’ nonusers. Part-time
nonusers generally express positive
attitudes toward seat belts, but do not
always buckle up, due to a range of
reasons, such as short trips,
forgetfulness, and being in a rush. Hardcore nonusers are those who generally
do not acknowledge the benefits of seat
belts and are opposed to their use.
Consumer research suggests that most
nonusers are part-time nonusers, not
hard-core nonusers. This is true even for
front seat occupants, for which there is
a relatively high rate of observed seat
belt use. For instance, NHTSA’s most
recent survey of seat belt use found that
approximately 83% of drivers who did
not always use a seat belt reported using
a seat belt most or some of the time, and
only 17% were hard-core nonusers who
used seat belts rarely or never.9 The
same is true for rear seat passengers who
do not always use a belt, of whom 70%
used a belt most or some of the time,
while only 30% used a belt rarely or
never.
Seat belt warning systems encourage
seat belt use by reminding unbuckled
occupants to fasten their belts and/or by
informing the driver that a passenger is
unbelted so that the driver can request
the unbelted occupant to buckle up. The
warnings provided by seat belt warning
systems typically consist of visual and/
or audible signals. Research by NHTSA
and others shows that seat belt warning
systems are effective at getting
unbuckled occupants to fasten their seat
belt.10
Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, ‘‘Occupant
crash protection,’’ requires a shortduration audio-visual seat belt warning
for the driver’s seat belt on passenger
cars, most trucks and MPVs with a
GVWR of 4,536 kg (10,000 lb) or less,
Intersection Study (Report No. DOT HS 813 344).
National Highway Traffic Safety Administration.
9 2016 MVOSS, p.7 (calculated from Fig. 5).
10 This research is identified and discussed in
Section V and Section XIV.A, as well as the
Preliminary Regulatory Impact Analysis docketed
with this NPRM.
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and buses with a GVWR of 3,855 kg
(8,500 lb) or less. According to the
FMVSS No. 208 standard, the visual
component of the warning generally
must be at least sixty seconds long, and
the audible component must be at least
four seconds long.
In general, voluntary adoption of
warnings that go beyond this regulatory
minimum, while considerable, has been
mixed. Although the regulations do not
require seat belt warnings for any
seating position other than the driver’s
seat, almost all model year (MY) 2022
vehicles have a voluntarily-provided
seat belt warning for the front outboard
passenger seat. However, voluntary
adoption for rear seats has been much
slower, as only about 47% come
equipped with a voluntarily-provided
rear seat belt warning system (SBWS).
Most vehicles already provide a seat belt
warning for both front outboard seats
that is much longer than the minimal
required warning for the driver’s seat
belt, with the vast majority of vehicles
including an alert that is at least 90
seconds. This suggests that the front seat
belt warning minimum requirements in
the FMVSS are outdated, as consumers
seem clearly willing to accept audiovisual reminders that are far longer than
the required four seconds.
In short, rear seat belt use rates have
persistently been below those for the
front seats, and progress on front seat
belt use rates have slowed. Moreover,
unbuckled occupants, in the front and
rear seats, continue to be
overrepresented in fatal crashes (51%),
given the lower exposure of unbelted
occupants relative to belted occupants
(because front seat belt use was about
90% and rear seat belt use was 80%).
Nevertheless, in spite of the
effectiveness of seat belts and seat belt
warnings, most new vehicles continue
to lack a rear seat belt warning.
Additionally, while most vehicles
provide some level of enhanced
reminders for the front seats, this level
of enhanced protection has not occurred
for all vehicles and is not standardized.
This suggests a need for a beneficial
safety technology that is not being met
in the vehicle market. This NPRM is
intended to meet this safety need and
advance NHTSA’s response to MAP–21.
Legal Authority and Prior Regulatory
History
This proposal is issued pursuant to
NHTSA’s authority under the National
Traffic and Motor Vehicle Safety Act (49
U.S.C. 30101 et seq.) (Safety Act), which
authorizes NHTSA to establish Federal
Motor Vehicle Safety Standards. The
statute requires safety standards to be
objective, practicable, and meet the
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need for safety, among other things.
NHTSA has tentatively concluded that
the proposed requirements satisfy these
statutory criteria.
This NPRM also continues NHTSA’s
response to a rulemaking mandate in
MAP–21. MAP–21 required DOT
(NHTSA, by delegation) to initiate a
rulemaking proceeding to require rear
seat belt warnings and directed the
agency to issue a final rule unless the
rule would not meet the Safety Act
requirements for an FMVSS. In
accordance with MAP–21, in 2013
NHTSA initiated a rulemaking
proceeding when it submitted for public
comment a proposal to undertake a
study of the effectiveness of existing
rear seat belt warning systems. In 2019,
NHTSA continued with this rulemaking
proceeding by publishing an Advance
Notice of Proposed Rulemaking
(ANPRM) seeking comment on a variety
of issues related to potential rear seat
belt warning requirements. NHTSA
received 45 comments from a variety of
organizations and individuals. Most
commenters, including safety advocates,
vehicle manufacturers and suppliers,
and individual members of the public,
supported a rear seat belt warning
requirement.
This NPRM also responds to a
rulemaking petition. Public Citizen and
Advocates for Highway and Auto Safety
have petitioned NHTSA to require a seat
belt warning system for rear seats on
passenger cars and MPVs with a GVWR
of 4,536 kg (10,000 lb) or less. This
proposal is NHTSA’s further action on
its grant of this petition.
Summary of the Proposed Amendments
This NPRM proposes amending the
existing seat belt warning provisions in
FMVSS No. 208. This proposal has two
main components. The first proposes
requiring a rear seat belt reminder for
the rear seats. The second proposes
changes and enhancements to the seat
belt warning requirements for the front
outboard seats, most notably an audiovisual warning that persists until the
seat belts at any occupied front outboard
seat are fastened. These proposed
requirements would apply to passenger
cars and trucks, buses (except school
buses), and multipurpose passenger
vehicles with a GVWR of 4,536 kg
(10,000 lb) or less.
1. Rear Seat Belt Reminder
Requirements
The first component of this NPRM is
a set of proposed requirements for a seat
belt warning for rear seats. The
proposed requirements have four main
elements.
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• Visual warning on vehicle start-up
to inform the driver of the status of the
rear seat belts. We propose three
different compliance options from
which manufacturers could choose for
the rear seat belt warning system. The
first would require the system to
indicate how many or which rear seat
belts are in use (the ‘‘positive-only’’
option). The second would require the
system to indicate, for the occupied rear
seats, how many or which rear seat belts
are not in use (the ‘‘negative-only’’
option). The third would require the
system to indicate, for the occupied rear
seats, how many or which rear seat belts
are in use and how many or which rear
seat belts are not in use (the ‘‘fullstatus’’ option). Certain features would
be required of all the options. Each
system would have to provide a
continuous or flashing visual warning,
consisting of either icons or text, visible
to the driver. The visual warning would
have to last for at least 60 seconds,
beginning when the vehicle’s ignition
switch is moved to the ‘‘on’’ or ‘‘start’’
position. The negative-only and fullstatus compliance options would
require that the rear seats be equipped
with a belt latch sensor and an occupant
detection system (which facilitates these
more informative warnings), while the
positive-only option would only require
that the rear seats be equipped with a
belt latch sensor.
• Audio-visual change-of-status
warning. We propose an audio-visual
warning whenever a fastened rear seat
belt is unfastened while the ignition
switch is in the ‘‘on’’ or ‘‘start’’ position
and the vehicle’s transmission selector
is in a forward or reverse gear. The
warning would have to last for at least
30 seconds. We do not propose any
requirements for the volume or tone of
the warning. The intent of this warning
is to alert the driver or other occupants
to a change in belt status during a trip.
The warning would not be required if a
door is open, which would be the case
if a rear passenger unfastened their belt
in order to exit the vehicle.
• Requirements related to electrical
connections. Readily removable rear
seats would be required to either
automatically connect to the electrical
connections when the seat is put in
place, or, if a manual connection is
required, the connectors must be
readily-accessible. Further, vehicles
utilizing the negative-only compliance
option would be required to provide a
visual warning to the driver if a proper
electrical connection has not been
established for a readily removable rear
seat.
• Owner’s manual requirements. We
propose that the vehicle owner’s manual
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(which includes information provided
by the vehicle manufacturer to the
consumer, whether in digital or printed
form) describe the warning system’s
features, including the location and
format of the visual warnings. We also
propose that the owner’s manual
include instructions on how to make
any manual electrical connections for
readily removable seats.
2. Front Outboard Seat Belt Warning
Requirements
We propose several changes and
enhancements to the seat belt warning
requirements for the front outboard
seats. There are three main changes we
are proposing.
• Audio-visual warning on vehicle
start-up for front outboard passenger
seat. Currently, only the driver’s seat is
required to have a seat belt warning,
although almost all vehicles now
provide a seat belt warning for the front
outboard passenger seat as well.11 We
propose to require a seat belt warning
for the front outboard passenger seat.
• Increasing the duration of the
audio-visual warning on vehicle startup. We propose enhancing the front seat
warning requirements by requiring an
audio-visual warning that remains
active until the seat belt at any occupied
front outboard seat is fastened. We are
proposing this in light of a variety of
factors, including the increase in
roadway fatalities, the lack of
improvement in front seat belt use rates,
and the fact that the audio-visual
warnings with which vehicle
manufacturers are currently equipping
vehicles significantly exceed the 4second regulatory minimum (including
a non-trivial share of currently sold
vehicles with an indefinite-duration
reminder). Vehicle manufacturers can
adjust warning signal characteristics
(such as frequency and volume) to make
the warning both effective and
acceptable to consumers.
• Audio-visual change-of-status
warning. We also propose to require an
audio-visual change-of-status warning
whenever a front outboard seat belt is
unbuckled during a trip (unless a front
door is open, to account for an occupant
unfastening the belt to exit the vehicle).
The warning would be required to
remain active until the seat belt is
refastened.
11 Based on data on total projected vehicle sales
in the United States for model year 2022 from the
agency’s New Car Assessment Program Purchasing
with Safety in Mind: What to Look For When Buying
a Vehicle program.
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Proposed Effective Date
We propose an effective date of the
first September 1 that is one year after
the publication of the final rule for the
front seat belt warning system
requirements and the first September 1
that is two years after the publication of
the final rule for the rear seat belt
warning system requirements, with
optional early compliance (See Section
XV for details). Consistent with 49 CFR
571.8(b), multi-stage manufacturers and
alterers would have an additional year
to comply.
Regulatory Alternatives
NHTSA considered a wide range of
alternatives to the proposed
requirements. The main alternatives
NHTSA considered were the seat belt
warning requirements in Economic
Commission for Europe (ECE)
Regulation R16 and Euro New Car
Assessment Programme (NCAP). The
proposed requirements are identical or
similar to ECE R16 and Euro NCAP in
many respects but differ from them in
several ways. For instance, while the
ECE rear seat belt warning regulations
allow a warning for an unfastened seat
belt at an unoccupied seat, this proposal
would not allow this, because we
tentatively believe that the resulting
‘‘false’’ warning would potentially
annoy drivers and lead to behaviors that
would decrease system effectiveness.
Another way the proposal differs from
ECE R16 is the duration of the front seat
belt warning on vehicle start-up: R16
generally requires only a 30–60 second
audio-visual warning; we propose a
warning that lasts until the seat belt is
buckled. The regulatory analysis
quantifies the costs and benefits of three
specific regulatory alternatives:
requiring occupant detection for the rear
seat belt warning system; requiring (for
the front outboard seats) an audio-visual
warning on vehicle start-up with a
duration of 90 seconds; and requiring a
seat belt warning for front center seats.
Benefits and Costs of the Proposed
Requirements
NHTSA estimates the target
population and the benefits and costs of
the proposed requirements in the standalone preliminary regulatory impact
analysis (PRIA) that is being placed in
the docket with this NPRM and is
summarized in the NPRM.
Based on NHTSA’s data on fatalities
and injuries from motor vehicle crashes,
adjusted to account for the benefits of
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other mandatory safety technologies,
there are, on average, 475 fatalities and
7,036 injuries to unrestrained rear seat
occupants and 6,733 fatalities and
47,952 injuries to unrestrained front
outboard seat occupants each year. This
is the overall target population—the
annual deaths and injuries that the
proposed requirements are aimed at
reducing.
NHTSA estimates the benefits it
expects from the proposed seat belt
warning requirements. The benefits are
the fatalities and injuries that would be
prevented by these proposed
requirements. The benefits depend,
principally, on the expected increase in
seat belt use and the effectiveness of
seat belts in preventing deaths and
injuries.
For the rear seat belt warning system
analysis, NHTSA used a ‘‘low’’ and a
‘‘high’’ estimate for the increase in rear
belt use with the proposed warning
system. For occupants 11 years and
older, these were 3 and 5 percentage
points, and for occupants from 6 to 10
years old, 0.3 and 0.4 percentage
points.12 For simplicity, NHTSA refers
to these scenarios as ‘‘Low’’ and ‘‘High,’’
or ‘‘3%’’ and ‘‘5%.’’ The estimated
annual benefits are presented in table
1.13
Another way to measure benefits is by
calculating equivalent lives saved (ELS).
Equivalent lives saved are the number of
prevented fatalities added to the number
of prevented injuries, with the
prevented injuries expressed in terms of
fatalities (that is, with an injury
expressed as a fraction of a fatality, so
that the more serious the injury, the
higher the fraction). The estimated
equivalent lives saved assuming either a
3% or 7% discount rate are presented in
table 2.
12 Children in booster seats are part of the target
population for this proposed rulemaking because
they should be restrained with the seat belt and so
would benefit from a seat belt reminder. The
transition to a booster seat typically occurs from
ages 4–7 years.
13 The Abbreviated Injury Scale (AIS) is a
classification system for assessing impact injury
severity developed and published by the
Association for the Advancement of Automotive
Medicine and is used for coding single injuries,
assessing multiple injuries, or for assessing
cumulative effects of more than one injury. MAIS
represents the maximum injury severity of an
occupant at an AIS level, i.e., the highest single AIS
for a person with one or more injuries. MAIS 1 &
2 injuries are considered minor injuries and MAIS
3–5 are considered serious injuries.
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TABLE 1—ESTIMATED ANNUAL BENEFITS—POTENTIAL LIVES SAVED AND INJURIES PREVENTED FOR POSITIVE-ONLY
SBWS (REAR SEATS), WITH ESTIMATED 3% & 5% INCREASE IN BELT USE
3%
(Low)
Injury level
MAIS
MAIS
MAIS
MAIS
MAIS
1
2
3
4
5
5%
(High)
.....................................................................................................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
.....................................................................................................................................................................
23.2
40.2
5.6
5.5
0.2
34.3
60.3
8.4
8.2
0.3
Total Injuries .....................................................................................................................................................
74.7
111.5
Fatal .........................................................................................................................................................................
22.3
33.6
TABLE 2—ESTIMATED ANNUAL BENEFITS—EQUIVALENT LIVES SAVED—POSITIVE-ONLY SBWS (REAR SEATS)
3% Discount
rate
Belt use increase
3% increase (Low) ...................................................................................................................................................
5% increase (High) ..................................................................................................................................................
NHTSA also estimates the costs of the
proposed requirements for rear seat belt
warnings. NHTSA estimates that the
minimum cost to comply with the rear
seat belt warning requirements (the
positive-only system) is $166.44 million
(M). This is based on a per-vehicle cost
of $19.59 for 53.1% of 16M affected new
vehicles.
Based on the forgoing, NHTSA
performed benefit-cost and costeffectiveness analyses. A benefit-cost
analysis calculates the net benefits,
which is the difference between the
benefits flowing from injury and fatality
7% Discount
rate
21.9
32.9
17.7
26.7
reductions and the cost of the rule. The
net benefit estimates are presented in
table 3. The cost-effectiveness analysis
derives the cost per equivalent life
saved, which is equal to the total cost
of the rule divided by the total fatal
equivalents that it prevents. These
estimates are presented in table 4.
TABLE 3—NET BENEFITS—PROPOSED POSITIVE-ONLY REAR SBWS
[2020 Dollars, in millions]
Benefits
3% discount
Seat position & belt use increase
3% increase (Low) ...............................................................
5% increase (High) ..............................................................
Benefits
7% discount
$262.1
394.8
$212.7
320.4
Net benefits
3% discount
rate
Cost
$166.4
166.4
$95.6
228.3
Net benefits
7% discount
rate
$46.2
153.9
TABLE 4—COST-EFFECTIVENESS ANALYSIS (COST PER EQUIVALENT LIFE SAVED)—PROPOSED POSITIVE-ONLY SYSTEM
(REAR SEATS)
[2020 Dollars, in millions]
ELS
3% discount
Seat position & belt use increase
3% increase (Low) ...............................................................
5% increase (High) ..............................................................
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NHTSA is also proposing enhancing
the driver seat belt warning
requirements by requiring an audiovisual warning that remains active until
the driver’s seat belt is buckled and
ELS
7% discount
21.9
32.9
17.7
26.7
extending the driver’s seat belt warning
requirements, as modified by this
NPRM, to the front outboard passenger
seat. NHTSA estimated the annual
benefits of a seat belt warning for the
Cost/ELS
3% discount
Cost
$166.4
166.4
Cost/ELS
7% discount
$7.6
5.0
$9.4
6.2
driver and outboard front passenger that
remains active until the occupant’s seat
belt is buckled as shown in table 5 and
table 6.
TABLE 5—ESTIMATED ANNUAL BENEFITS—LIVES SAVED AND INJURIES PREVENTED—INDEFINITE DURATION SBWS
(FRONT OUTBOARD SEATS)
Injury level
Driver
MAIS 1 .........................................................................................................................................
MAIS 2 .........................................................................................................................................
MAIS 3 .........................................................................................................................................
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3.7
20.5
3.9
Total
24.4
140.5
25.5
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TABLE 5—ESTIMATED ANNUAL BENEFITS—LIVES SAVED AND INJURIES PREVENTED—INDEFINITE DURATION SBWS
(FRONT OUTBOARD SEATS)—Continued
Injury level
Front
passenger
Driver
Total
MAIS 4 .........................................................................................................................................
MAIS 5 .........................................................................................................................................
17.4
0.5
3.1
0.1
20.5
0.6
Total Injuries .........................................................................................................................
180.2
31.2
211.4
Fatal .............................................................................................................................................
65.9
11.4
77.3
TABLE 6—ESTIMATED ANNUAL BENEFITS—EQUIVALENT LIVES SAVED—INDEFINITE SBWS (FRONT OUTBOARD SEATS)
Undiscounted
3% Discount
rate
7% Discount
rate
Driver ...........................................................................................................................................
Front Passenger ..........................................................................................................................
78.7
13.6
65.2
11.3
52.8
9.2
Total ......................................................................................................................................
92.3
76.5
62.0
NHTSA estimates that the
incremental cost of the enhanced seat
belt warning would be no greater than
the currently available seat belt
warning. Although a seat belt warning is
currently not required for the front
outboard passenger seats, we estimate
that 96 percent of new vehicles are
equipped with them.14 NHTSA
estimates that the cost for equipping a
front outboard passenger seat with a seat
belt warning system is about $2.13 per
vehicle. To equip a seat belt warning
system in the front outboard passenger
seat positions on the remaining 4
percent of new vehicle fleet (16 million)
without such a warning is $1.36 million
(= $2.13 × 0.04 × 16 million).
The total monetized benefits, costs,
and net benefits (total monetized
benefits—total cost) of the enhanced
seat belt warning system for the driver
and front passenger is shown in table 7.
TABLE 7—ANNUAL MONETIZED BENEFITS, COSTS AND NET BENEFITS—INDEFINITE SBWS (FRONT OUTBOARD SEATS)
[2020 Dollars, in millions]
Driver
Undiscounted
Front Passenger
3%
7%
Undiscounted
3%
Driver and Front Passenger
7%
Undiscounted
3%
7%
Passenger car Benefits ...................
Light Truck & Van Benefits .............
$422.5
520.4
$353.0
427.6
$288.0
344.8
$79.9
83.4
$66.7
68.5
$54.4
55.2
$502.4
603.8
$419.7
496.1
$342.4
400
Total Benefits ...........................
Total Costs ...............................
942.9
0
780.5
0
632.8
0
163.3
1.36
135.2
1.36
109.7
1.36
1,106.2
1.36
915.8
1.36
742.5
1.36
Net Benefits .....................................
942.9
780.5
632.8
161.9
133.9
108.3
1,104.8
914.4
741.1
The net benefits of the proposed rule
requiring seat belt warning for rear
seating positions and the enhanced seat
belt warning for the front outboard seats
are shown in table 8.
TABLE 8—NET BENEFITS FROM THE PROPOSAL (SBWS FOR REAR SEATING POSITIONS AND INDEFINITE SBWS FOR
FRONT OUTBOARD SEATING POSITIONS)
[2020 Dollars, in millions]
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3% Discount
rate
7% Discount
rate
Front Outboard Seats ..............................................................................................................................................
Rear Seats (3% increase in rear seat belt use) ......................................................................................................
Rear Seats (5% increase in rear seat belt use) ......................................................................................................
$914.4
95.6
228.3
$741.1
46.2
153.9
Total Net Benefits (3% increase in rear belt use) ............................................................................................
Total Net Benefits (5% increase in rear belt use) ............................................................................................
1,010.0
1,142.7
787.4
895.0
14 Based on data on total projected vehicle sales
in the United States for model year 2022 from the
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II. Background
In 2020, there were 39,007 motor
vehicle traffic fatalities in the United
States.15 This was 2,652 more fatalities
than in 2019.16 In 2021, motor vehicle
traffic fatalities increased again to
42,939.17 The traffic fatality count in
2021 is the highest since 2005 (43,510)
and represents the second year-to-year
increase since 2019.18 The 10-percent
fatality increase from 2020 to 2021 is the
highest year-to-year percentage increase
since FARS started data collection in
1975.19 NHTSA has preliminary
estimated 42,795 fatalities in 2022,
representing a small decrease of about
0.3% from 2021.20 The Department of
Transportation has released a
comprehensive National Roadway
Safety Strategy to address this rise in
roadway fatalities and injuries.21 Part of
that strategy is making vehicles safer.
This NPRM proposes to require a seat
belt use warning system for the rear
seats of passenger cars, trucks, buses
(except school buses), and multipurpose
passenger vehicles (MPVs) with a
GVWR of 4,536 kg (10,000 lb) or less.
This NPRM also proposes to enhance
the existing front seat belt warning
requirements, including requiring a seat
belt warning for the front outboard
passenger seat and increasing the
duration of the warning. This section
provides a brief introduction to seat belt
technology, evidence on seat belt use by
vehicle occupants, and strategies to
increase belt use.
Using a seat belt is one of the most
effective actions a motor vehicle
occupant can take to prevent death and
injury in a crash.22 Seat belts protect
occupants in various ways. They
prevent occupants from being ejected
from the vehicle, gradually decelerate
the occupant as the vehicle deforms and
absorbs energy, and reduce the
occurrence of occupant contact with
harmful interior surfaces and other
occupants.23 Seat belts are effective in
most types of crashes (although
effectiveness varies for different types of
crashes). Research has found that seat
belts greatly reduce the risk of fatal and
non-fatal injuries compared to the risk
faced by unrestrained occupants. For
rear seat occupants, seat belts reduce the
risk of fatality by 55% (for passenger
cars) and 74% (for light trucks and
vans). For front seat occupants, drivers
and right front passengers, seat belts
reduce the risk of fatality by 44% (for
passenger cars) and 63% to 73% (for
light trucks and vans). Seat belts reduce
the risk of injuries by up to 63%.24
While the PRIA makes use of these
effectiveness rates, we note that the
effectiveness of seat belts is not
impacted by the proposed rule. Instead,
benefits from the proposed rule are the
result of the increase in seat belt use
resulting from the warning.
While seat belt use is meaningfully
higher than it was a decade ago, there
is room for improvement. Usage rates
for rear belts have consistently been
below those for the front seats, and
while front seat belt use rates increased
early in the previous decade, for the last
several years they have plateaued.
According to data from NHTSA’s
National Occupant Protection Use
Survey (NOPUS), from 2012 to 2021,
seat belt use was lower in the rear seat
than in the front seat, ranging from a
difference of 8.8 percent in 2013 (78.3%
vs. 87.1%) to 14.3 percent in 2017
(75.4% vs. 89.7%).25 During that time,
front seat belt use rates ranged from
86.1% in 2012 to 90.7% in 2019. In
2021, front seat belt use was 90.4% and
rear seat belt use was 77.9 percent.26 See
Figure 1.
15 Stewart, T. (April 2023). Overview of Motor
Vehicle Traffic Crashes in 2021(Report NO. DOT HS
813 435. National Highway Traffic Safety
Administration, pg. 5.
16 Id. at pg. 2.
17 Id. at pg. 5.
18 Id.
19 Id. The 2021 and 2022 fatality estimates are not
entirely final, and may change somewhat as NHTSA
receives further updates or corrections.
20 See https://www.transportation.gov/briefingroom/nhtsa-estimates-2022-show-roadwayfatalities-remain-flat-after-two-years-dramatic.
Though NHTSA acknowledges fatalities essentially
remained flat in 2022, NHTSA does not know if this
trend will continue to remain flat or if there will
be further increases in fatalities.
21 https://www.transportation.gov/sites/dot.gov/
files/2022-02/USDOT-National-Roadway-SafetyStrategy.pdf.
22 See, e.g., 68 FR 46262 (Aug. 5, 2003). See also
Buckling Up: Technologies to Increase Seat Belt
Use. Special Report 278 at 18, Committee for the
Safety Belt Technology Study, Transportation
Research Board of The National Academies (2003)
[hereinafter ‘‘Transportation Research Board
Study’’].
23 Charles J. Kahane, Lives Saved by Vehicle
Safety Technologies and Associated Federal Motor
Vehicle Safety Standards, 1960 to 2012—Passenger
Cars and LTVs—With Reviews of 26 FMVSS and
the Effectiveness of Their Associated Safety
Technologies in Reducing Fatalities, Injuries, and
Crashes. 89 DOT HS 812 069 at 89, Department of
Transportation, National Highway Traffic Safety
Agency (2015) [hereinafter ‘‘DOT Lives Saved
Study’’].
24 See the Preliminary Regulatory Impact
Analysis (PRIA) (in the docket for this rulemaking)
for these effectiveness estimates.
25 Boyle, L.L. (2022, August). Occupant restraint
use in 2021: Results from the NOPUS Controlled
Intersection Study (Report No. DOT HS 813 344).
National Highway Traffic Safety Administration.
NOPUS is the only nationwide probability-based
observational survey of seat belt use in the United
States. The survey observes seat belt use as it
actually occurs at randomly-selected roadway sites,
and involves a large number of occupants (68,804
in 2021). NOPUS observations are made during
daylight hours and are not necessarily
representative of high-risk driving times when belt
use may be lower.
26 Id.
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Consumer survey research by NHTSA
and others (such as the Insurance
Institute for Highway Safety and
academic researchers) suggests that
many unbelted occupants are likely
amenable to using a seat belt. Seat belt
nonusers can be categorized as either
‘‘part-time’’ nonusers or so-called ‘‘hardcore’’ nonusers.27 Part-time nonusers
generally express positive attitudes
toward seat belts, but do not always
buckle up, due to a range of reasons,
such as short trips, forgetfulness, and
being in a rush.28 Hard-core nonusers
are those who ‘‘generally do not
acknowledge the benefits of seat belts
and are opposed to their use.’’ 29
Research by NHTSA and others suggests
that most nonusers are part-time
nonusers, not hard-core nonusers. This
is true even for front seat occupants, for
which there is a relatively high rate of
observed seat belt use. For instance,
NHTSA’s most recent survey of seat belt
use found that approximately 83% of
drivers who did not always use a seat
belt reported using a seat belt most or
some of the time, and only 17% were
hard-core nonusers who used seat belts
rarely or never.30 Similarly, for those
who did not always use a seat belt when
riding as a passenger in the front, 89%
used seat belts most or some of the time
while only 11% used a seat belt rarely
or never.31 The same was true for rear
seat passengers who did not always use
a belt, of whom 70% used a belt most
or some of the time, while only 30%
used a belt rarely or never.32 Moreover,
of the survey respondents who reported
‘‘always’’ using a seat belt while driving,
only 66% ‘‘always’’ used a seat belt
when riding as a passenger in the rear
seat.33
27 See,
e.g., Transportation Research Board Study
at 3.
28 See,
ddrumheller on DSK120RN23PROD with PROPOSALS2
e.g., Transportation Research Board Study
at 32; Spado, D., Schaad, A., & Block, A. (2019,
December). 2016 motor vehicle occupant safety
survey; Volume 2: Seat belt report (Report No. DOT
HS 812 727). National Highway Traffic Safety
Administration, at p. 71 (Fig. 53); p. 76 (Fig. 54).
This is a national telephone survey periodically
conducted by NHTSA. Because, unlike NOPUS, it
is not observational, the MVOSS is not the best
indicator of national belt use. In addition, because
of respondent bias, the large number of part-time
users, and the tendency for survey respondents to
over-report belt use, MVOSS use rates have
typically been about 10 percentage points higher
than those from NOPUS, which is an observational
study, and therefore a more objective and accurate
measure of belt use. MVOSS does, however,
provide demographic detail that cannot be observed
and insight into the reasons people do and do not
use seat belts.
29 Transportation Research Board Study at 40.
30 2016 MVOSS, p.7 (calculated from Fig. 5).
31 Id. at p. 12 (calculated from Fig. 10).
32 Id. at p. 13 (calculated from Fig. 11).
33 Id. at p. 64 (Table 15). The MVOSS results are
consistent with, though differ somewhat from, those
in a similar survey conducted by the Agency for
NHTSA has, over time, tried a variety
of such strategies, including sponsoring
national media campaigns, supporting
the enactment of state seat belt use laws
and high-visibility enforcement, and
facilitating or requiring vehicle-based
strategies.34 Some of these strategies are
non-regulatory; some are regulatory.
One example of a non-regulatory
strategy is NHTSA’s annual Click It or
Ticket mobilization, which includes a
national advertising campaign backed
up by high-visibility local enforcement
of state seat belt laws. Adult rear-seat
passengers are covered by seat belt laws
in 32 states and the District of
Columbia. Some of these states with
mandatory rear seat belt laws include
rear-seat specific messaging in their
media campaigns. While such measures
have helped make enormous progress,
the persistent gaps in seat belt use
suggest that additional approaches may
be necessary.
Seat belt warning systems are a
vehicle-based strategy to increase belt
use. Seat belt warning systems
encourage seat belt use by reminding
unbuckled occupants to fasten their
belts and/or by informing the driver that
a passenger is unbelted, so that the
driver can request the unbelted
occupant to buckle up.35 The warnings
provided by seat belt warning systems
typically consist of visual and/or
audible signals. An optimized warning
system balances effectiveness and
annoyance, so that the warning is
noticeable enough that the occupants
will be motivated to fasten their belts,
but not so intrusive that an occupant
may attempt to circumvent or disable it
or the public will not accept it.36
Research by NHTSA and others shows
that seat belt warning systems are
effective at getting unbuckled occupants
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Healthcare Research and Quality. Chu, M.
Characteristics of Persons Who Seldom or Never
Wear Seat Belts, 2002. Statistical Brief #62.
December 2004. Agency for Healthcare Research
and Quality, Rockville, MD. https://meps.ahrq.gov/
mepsweb/data_files/publications/st62/stat62.pdf.
The reader is referred to the discussion in Section
XIV.A.2 and in the PRIA, section 4.3.
34 NHTSA runs a Congressionally mandated High
Visibility Enforcement (HVE) annual campaign
focused on increasing seat belt use. The Click It or
Ticket (CIOT) nationwide campaign has been in
effect for about 20 years. It runs every year from
Mid-May through the Memorial Day weekend, into
the first week in June.
35 Akamatsu, M., Hashimoto, H., and Shimaoka,
S., ‘‘Assessment Method of Effectiveness of
Passenger Seat Belt Reminder,’’ SAE Technical
Paper 2012–01–0050, 2012, doi:10.4271/2012–01–
0050.
36 See, e.g., Transportation Research Board Study
at 8, 25; Mark Freedman et al., Effectiveness and
Acceptance of Enhanced Seat Belt Reminder
Systems: Characteristics of Optimal Reminder
Systems Final Report. DOT HS 811 097 at 2 (Feb.
2009) (hereinafter ‘‘DOT 2009 Seat Belt Study’’).
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to fasten their seat belt. (We take a
closer look at this research in Section V
and Section XIV.A, as well as the PRIA.)
Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, ‘‘Occupant
crash protection,’’ requires a shortduration audio-visual seat belt warning
for the driver’s seat belt on passenger
cars and most light- and medium-duty
trucks, MPVs, and buses. (Later in this
section we discuss the current
requirements in more detail.) The visual
component of the warning generally
must be at least sixty seconds long, and
the audible component must be at least
four seconds long. The regulations do
not require seat belt warnings for any
seating position other than the driver’s
seat.
Although not required by NHTSA’s
regulations, most currently produced
vehicles have a seat belt warning for the
front outboard passenger seat. Almost
all (96.6%) MY 2022 vehicles offered for
sale in the United States are equipped
with a seat belt warning for the front
outboard passenger seat. Further, almost
all vehicles already provide an audiovisual seat belt warning for both front
outboard seats that is longer than the
minimum warning for the driver’s seat
belt currently required in FMVSS No.
208. However, the persistence of the
front seat belt warning, while greater
than the very minimal durations
required by FMVSS No. 208, is not
consistent across currently produced
vehicles. Specifically, a little over half
of MY 2022 vehicles provide a visual
warning that lasts until the belts at any
occupied front outboard seat are
fastened, and while almost all (about
93%) have an audible warning lasting at
least a minute and a half, less than half
have an audible warning that lasts at
least two minutes.37 This means that
while many currently produced vehicles
have significantly enhanced reminders,
many do not. This, along with the
plateauing front seat belt use numbers
suggests that the current regulatory
minima are too short, and that in the
absence of a requirement, persistent
audible reminders that could improve
front seat belt use may not be widely
provided in the market.
On the other hand, while almost all
model year MY 2022 vehicles have a
seat belt warning for the front outboard
passenger seat, under half come
equipped with a rear seat belt warning
system. Rear seat belt warnings were
first introduced in the United States by
Volvo around 2009. Based on data on
total projected vehicle sales in the
United States for model year (MY) 2022
37 See Section XI.C.1, Increasing the duration of
the audio-visual warning on vehicle start-up.
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from the agency’s New Car Assessment
Program (NCAP) Purchasing with Safety
in Mind: What to Look For When Buying
a Vehicle program, about 46.9 percent
are equipped with a rear seat belt
warning system.38 Based on this MY
2022 data, fifteen vehicle manufacturers
offer vehicles for sale in the United
States with rear seat belt warning
systems. Thus, while rear seat belt
warnings have become more widely
deployed in recent years, the majority of
the current fleet still is not equipped
with them.
The benefits of increasing seat belt
use could be sizable. The National
Academy of Sciences has noted that
‘‘even a small increase in belt use
should have large benefits.’’ 39 The size
of the unbelted fatality problem for front
seats means that even a very modest
improvement in seat belt use will have
a meaningful benefit. Our analysis
found that even a 1% increase in belt
usage for the driver’s seat resulted in a
significant number of lives saved. With
respect to the rear seats, ‘‘while the
overall proportion of person-trips taken
as a rear-seat occupant in the U.S. is
relatively low (12.9%), at-risk travel
exposure by rear-seat passengers at a
national level is substantial
(approximately 39 billion annual
person-trips).’’ 40 Moreover, children are
proportionally much more likely to be
rear seat passengers than adults,41 and
the increased prevalence of ridesharing
services has likely increased the
prevalence of rear-seat passengers.
In short, front seat belt use rates
appear to have plateaued, and rear seat
belt use rates have persistently been
below those for the front seats.
Moreover, unbuckled occupants
continue to be overrepresented in fatal
crashes (51%), given the lower exposure
of unbelted occupants relative to belted
occupants (because front seat belt use
38 Through the NCAP program, NHTSA sends
annual requests for safety information about new
vehicles to vehicle manufacturers. This includes
specific questions on seat belt reminder systems.
The focus of this request for information is for
vehicle models that will be sold in the upcoming
model year that have a GVWR of 4,536 kg (10,000
lbs.) or less, and this data generally covers all such
vehicles offered for sale in the U.S. for MY 2022.
Throughout this document we will refer to this data
as our ‘‘NCAP data’’ or ‘‘Purchasing with Safety in
Mind: What to Look For When Buying a Vehicle’’
data or information.
39 Transportation Research Board Study at 19
(citing Donna Glassbrenner. 2002. Safety Belt and
Helmet Use in 2002—Overall Results. DOT HS 809
500. Washington, DC: U.S. Department of
Transportation, National Highway Traffic Safety
Administration).
40 Matthew J. Trowbridge & Richard Kent, RearSeat Motor Vehicle Travel in the U.S.: Using
National Data to Define a Population at Risk. Am.
J. Prev. Med. 37(4), 321–3 (2009).
41 Trowbridge & Kent at 322.
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was about 90% and rear seat belt use
was 80%). Nevertheless, in spite of the
effectiveness of seat belts and seat belt
warnings, most new vehicles continue
to lack a rear seat belt warning, and,
while many provide significantly
enhanced reminders for the front seats,
many do not. This suggests a need for
a beneficial safety technology that is not
being met in the vehicle market. This
NPRM is intended to meet that need.
In Section VI and Section XIV below,
and in the PRIA, we take a detailed look
at the estimated target population,
effectiveness of front and rear belt
warnings, and benefits and costs of this
proposal.
III. Regulatory and Legislative History
Current Driver’s Seat Belt Warning
Requirements
FMVSS No. 208 is intended to reduce
the likelihood of occupant deaths and
the likelihood and severity of occupant
injuries in crashes. The standard took
effect in 1968 and from its inception
required seat belts in passenger cars.42
The standard currently requires a seat
belt warning for the driver’s seat belt on
passenger cars; 43 trucks and MPVs with
a GVWR of 4,536 kg (10,000 lb) or less
(except for some compliance options
which do not require the warning); 44
and buses with a GVWR of 3,855 kg
(8,500 lb) or less and an unloaded
weight less than or equal to 2,495 kg
(5,500 lb).45 The regulations do not
require seat belt warnings for any
seating position other than the driver’s
seat.46
Manufacturers have two compliance
options for the driver’s warning.47 The
first option requires that if the key is in
the ‘‘on’’ or ‘‘start’’ position and the seat
belt is not in use, the vehicle must
provide a visual warning for at least 60
seconds, and an audible warning that
lasts 4 to 8 seconds. Under the second
option, when the key is turned to the
‘‘on’’ or ‘‘start’’ position, the vehicle
must provide a visual warning for 4 to
8 seconds (regardless of whether the
driver seat belt is fastened) and an
audible warning lasting 4 to 8 seconds
if the driver seat belt is not in use.48
42 32
FR 2408, 2415 (Feb. 3, 1967).
S7.3.
44 S4.2.6; S7.3.
45 S4.2.6 (with the exception of some compliance
options).
46 See, e.g., Interpretation Letter from NHTSA to
R. Lucki, July 24, 1985 (‘‘Thus, the intent was to
require a warning system for only the driver’s
position.’’). All NHTSA interpretation letters cited
in this preamble are available at https://
isearch.nhtsa.gov/search.htm.
47 49 CFR 571.208, S7.3.
48 The warning requirements for automatic belts
in S4.5.3 mirror, with some differences, the first
43 S4.1.5.1(a)(3);
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Early NHTSA Experiences With Seat
Belt Warnings
Between 1967 and 1974, NHTSA
promulgated a series of different
occupant protection regulations that
specified as compliance options various
combinations of active and passive
occupant crash protection, seat belt
interlocks, and seat belt warnings.49 A
seat belt warning was first required in
1971, when NHTSA sought to increase
seat belt use by adopting occupant
protection compliance options that
included the use of a seat belt warning
for the front outboard seating
positions.50 This seat belt warning
option required audible and visible
warning signals that lasted for as long as
the occupant was unbelted, the ignition
was ‘‘on,’’ and the transmission was in
forward or reverse. In 1972, NHTSA
adopted occupant protection options for
passenger cars that included (for cars
that did not provide automatic
protection) an interlock system that
would prevent the engine from starting
if any of the front seat belts were not
fastened.51 Contrary to the agency’s
expectations, the initial vehicle
introduction of these systems in the
early 1970s was not well-received by the
public. In particular, continuous
buzzers and ignition interlocks annoyed
many consumers to the point of their
disabling or circumventing the systems.
As a result of the negative consumer
reaction, Congress adopted a provision,
as part of the Motor Vehicle and School
Bus Safety Amendments of 1974,
prohibiting NHTSA from prescribing a
motor vehicle safety standard that
required, or permitted as a compliance
option, seat belt interlocks or audible
seat belt warnings lasting longer than
eight seconds.52 In response, NHTSA
amended FMVSS No. 208 in 1974 to
require that only the driver seating
compliance option. Automatic belts are rarely, if
ever, installed in current production vehicles, and
NHTSA’s regulations limit the seating positions for
which automatic belts may be used to rear seats.
49 ‘‘Active protection’’ refers to features, such as
manual seat belts, that require action by the
occupant, while ‘‘automatic protection’’ or ‘‘passive
protection’’ refers to safety features that do not
require any action by the occupant other than
sitting in a designated seating position. Seat belt
interlocks prevent starting or operating a motor
vehicle if an occupant is not using a seat belt. For
a fuller discussion of the history of the active and
passive protection requirements in FMVSS No. 208,
see Stephen R. Kratzke, Regulatory History of
Automatic Crash Protection in FMVSS 208. SAE
Technical Paper 950865, International Congress and
Exposition, Society of Automotive Engineers,
Detroit, Michigan, Feb. 27–March 2 (1995).
50 36 FR 4600 (May 10, 1971).
51 37 FR 3911 (Feb. 24, 1972).
52 These amendments were codified at 49 U.S.C.
30124. As explained below, the provisions were
amended in 2012 by the Moving Ahead for Progress
in the 21st Century Act.
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position be equipped with a seat belt
warning system providing a visual and
audible warning, with the audible
warning not lasting longer than eight
seconds.53 The limited-duration driver’s
seat belt warning requirement has
remained in the standard, with some
changes, since 1974. Since that time
FMVSS No. 208 has not been amended
to require seat belt warnings for any
passenger seating positions.
Recent Regulatory History
In 2001, the House Committee on
Appropriations directed NHTSA to
contract with the Transportation
Research Board (TRB) of the National
Academy of Sciences to conduct a study
on the benefits and acceptability of
minimally intrusive vehicle
technologies to increase seat belt use.54
The Committee also requested that the
study consider potential legislative and
regulatory actions to facilitate
installation of devices to encourage seat
belt use. The TRB report (published in
2004) found that new seat belt use
technologies existed that could increase
belt use without being overly
intrusive.55 It recommended that rear
seat belt warning systems be developed
and that NHTSA undertake a broad,
multi-year program of research on the
effectiveness and acceptability of
different seat belt warning systems to
establish a basis for future regulation. It
also recommended that Congress amend
the Safety Act to eliminate the 8-second
limit on the length of the audible
warning.
In 2002 and 2003, NHTSA sent letters
to several vehicle manufacturers
encouraging them to enhance seat belt
warning systems beyond the FMVSS
No. 208 minimum requirements.56 The
agency facilitated the voluntary
adoption of enhanced warnings through
a series of legal interpretations that
determined that the Safety Act did not
prohibit manufacturers from
implementing enhanced warning
systems as long as the manufacturer
provided some means of differentiating
the voluntarily-provided signal from the
required signal (for example, by a
clearly distinguished lapse in time
between the two signals).57 (An
‘‘enhanced’’ system is one with visual
and/or audible warning signals that
exceed the durations specified in
FMVSS No. 208, S7.3, and/or that
applies to seating positions other than
53 39
FR 42692 (Dec. 6, 1974).
Report 107–108, June 22, 2001.
55 Transportation Research Board Study at 9.
56 See Docket No. NHTSA–2002–13226.
57 See Docket Nos. NHTSA–2001–9899, NHTSA–
2002–13379, NHTSA–2003–14742, NHTSA–2003–
15006, and NHTSA–2003–15156.
the driver’s seat. A ‘‘basic’’ system is
one that simply meets the minimum
requirements in FMVSS No. 208.) Many
vehicle manufacturers subsequently
implemented enhanced seat belt
warnings for the driver and right front
outboard seating positions. Based on
information submitted to the agency in
connection with NCAP, for MY 2022,
99.6 percent of participating vehicle
models offered for sale in the United
States had an enhanced warning
(audible and/or visual) for the driver,
right front passenger, or both.
In 2005, Congress passed legislation—
the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act—a
Legacy for Users (SAFETEA–LU) 58—
that required NHTSA to evaluate the
effectiveness and acceptability of
several different types of enhanced seat
belt warnings offered by a number of
manufacturers. In response, the agency
conducted a comprehensive multi-phase
research study (explained in Section V
below).
On November 21, 2007, Public Citizen
and Advocates for Highway and Auto
Safety (Advocates, and, collectively,
petitioners) petitioned NHTSA to
amend FMVSS No. 208 to require a seat
belt warning system for rear seats on
passenger cars and MPVs with a GVWR
of 4,536 kg (10,000 lb) or less.59 The
petitioners noted that primary
enforcement laws typically do not cover
rear seat occupants and that studies
have indicated that warnings for rear
seat belts would significantly increase
rear passenger seat belt use. The
petitioners stated that rear seat belt
warnings are technologically feasible
and would be less costly if they were
required in all vehicles. The petitioners
provided a range of estimates of how
much a rear seat belt warning system
could increase rear belt use. The
petitioners stated that rear seat belt
warnings would save hundreds of lives
each year and that a large percentage of
the lives saved would be children. As
noted in the ANPRM,60 NHTSA granted
the petition.
On June 29, 2010, the agency
published a Request for Comments
document (RFC) on the petition.61 The
RFC discussed the agency’s research
and findings regarding requiring rear
seat belt warnings and solicited
comments.
The agency received 26 comments.
Five commenters opposed requiring rear
seat belt warnings: Ford Motor
54 House
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58 Public
Law 109–59, 10306 (2005).
No. NHTSA–2010–0061–0002.
60 84 FR 51076 (Sept. 27, 2019).
61 75 FR 37343 (June 29, 2010) (Docket No.
NHTSA–2010–0061).
59 Docket
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Company, General Motors, the Alliance
of Automobile Manufacturers (Alliance),
the Association of International
Automobile Manufacturers,62 and a
commenter from the general public.
These commenters believed that a
requirement for rear seat belt warnings
was premature and that it should
remain voluntary, and some supported
using NCAP to encourage their
penetration in the market. Among those
that supported requiring rear seat belt
warnings were IEE S.A., Consumers
Union, the Insurance Institute for
Highway Safety (IIHS), the Automotive
Occupant Restraint Council (now
known as the Automotive Safety
Council), and the American Academy of
Pediatrics.
In 2012, Congress passed the Moving
Ahead for Progress in the 21st Century
Act (MAP–21).63 That legislation
contains two provisions regarding seat
belt warning systems. First, it repeals
the 8-second durational limit for the
driver’s seat belt audible warning.64
Second, it requires the Secretary of DOT
to initiate a rulemaking proceeding to
amend FMVSS No. 208 to provide a
safety belt use warning system for
designated seating positions in the rear
seat.65 It directs the Secretary to either
issue a final rule, or, if the Secretary
determines that such an amendment
does not meet the requirements and
considerations of 49 U.S.C. 30111,66 to
submit a report to Congress describing
the reasons for not prescribing such a
standard.
In accordance with MAP–21, in early
2013 NHTSA initiated a rulemaking
proceeding when it submitted for public
comment a proposal to undertake a
study regarding the effectiveness of
existing rear seat belt warning
systems.67 (The results of this study are
discussed in Section V below.) In 2017,
the Center for Auto Safety and Kids and
Cars filed a petition for a writ of
mandamus in the United States Court of
Appeals for the District of Columbia
Circuit to compel DOT to initiate and
complete a rulemaking to require a rear
62 The Association of International Automobile
Manufacturers subsequently became the
Association of Global Automakers (Global). The
Alliance and Global have merged to become the
Alliance for Automotive Innovation.
63 Public Law 112–141 (2012).
64 Id. at section 31202(a)(2) (repealing portion of
49 U.S.C. 30124).
65 Id. at section 31503. Authority has been
delegated to NHTSA. 49 CFR 1.95.
66 Section 30111 requires that a Motor Vehicle
Safety Standard meet the need for safety, be stated
in objective terms, and be practicable, among other
requirements. See infra Section VIII.
67 78 FR 5865 (Jan. 28, 2013).
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seat belt warning.68 The Court
subsequently denied the petition
without prejudice to renewal in the
event of significant additional agency
delay.69 In 2019, NHTSA published an
Advance Notice of Proposed
Rulemaking seeking comment on a
variety of issues related to potential rear
seat belt warning requirements. The
ANPRM is discussed in Section VII.
IV. ECE Requirements and Euro NCAP
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ECE Requirements
The European Union has issued an
updated version of Regulation No. 16 70
of the Economic Commission for Europe
of the United Nations (UNECE) that
requires seat belt reminder systems in
all front and rear seats on new cars.71
The seat belt reminder system is
required to have both a start-of-trip
warning and a change-of-status warning
for both the rear and front seats, though
the exact requirements differ somewhat
for rear and front seats.
Rear seat requirements. R16 specifies
a two-level warning. The first-level
warning is a visual warning and the
second-level warning is an audio-visual
warning. The first-level warning applies
at the start of a trip and the second-level
warning applies when a fastened belt
becomes unfastened during a trip. The
first-level warning must activate when
the seat belt of any of the rear seats is
not fastened and the ignition switch or
master control switch is activated. The
first-level warning must last at least 60
seconds or until the belt is fastened (or
the seat is no longer occupied, if
equipped with occupant detection). The
second-level warning must activate
when a belt becomes unfastened and
certain specified speed or distance
thresholds are met and must last for 30
seconds unless other specified criteria
are met (e.g., the belt is re-fastened).
Front seat requirements. The front
seat belt warning requirements are
similar to the rear seat warnings, with
some differences. First, the first-level
visual warning is only required to last
30 seconds, not 60 seconds. Second, the
second-level warning applies to
unfastened belts at the start of the trip
as well as to changes in belt status.
The regulation also contains a variety
of other requirements relating to the seat
belt warning systems (e.g., telltales,
68 In
re Kids and Cars, Inc., No. 17–1229, Doc.
1702061 (D.C. Cir. filed Oct. 30, 2017).
69 In re Kids and Cars, Inc., No. 17–1229 (D.C. Cir.
June 5, 2018).
70 ECE Regulation No. 16, Revision 10.
71 The regulation was introduced in two phases:
September 1, 2019 for new vehicle types (i.e.,
applied to all vehicle models that get a new type
approval) and September 1, 2021 for all newly
produced and registered vehicles.
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exemptions for certain vehicles and
seating positions). R16 also allows for
short and long-term deactivation of both
front and rear warnings.
The ECE requirements are discussed
in more detail where relevant in later
sections of this preamble.
about 90 seconds (the exact duration
depends on a variety of specified
criteria, such as vehicle speed or
distance travelled). It also specifies an
audio-visual change-of-status warning
that meets the requirements of the
initial start of trip warning.
Euro NCAP
Euro NCAP introduced bonus points
for seat belt warnings in 2002. The Euro
NCAP protocol for Safety Assist systems
describes which features a seat belt
reminder must have to qualify for extra
points.72
Rear seat warnings. For rear seats, a
visual signal must start once the ignition
switch is engaged. The visual signal
must be at least 60 seconds long.
Occupant detection is not required for
rear seats, but systems that feature rear
seat occupant detection are eligible for
higher scores. For systems without
occupant detection, the visual signal
must clearly indicate to the driver
which seat belts are in use and not in
use. For systems with occupant
detection on all rear seating positions,
the visual signal does not need to
indicate the number of seat belts in use
or not in use, but the signal must remain
active if a seat belt remains unfastened
on any of the occupied seats in the rear.
No visual signal is required if all the
rear occupants are belted. For systems
with rear seat occupant detection, a 30second audible signal needs to activate
before the vehicle reaches a speed of 25
km/h or before it travels 500 meters
when any occupied seat has an
unbuckled belt.73 When any seat belt
experiences a change of status at vehicle
speeds above 25 km/h, an audio-visual
signal is required, with the visual signal
lasting 60 seconds and the audible
warning lasting 30 seconds, unless
certain conditions are met.
Front seat warnings. The Euro NCAP
protocol requires that, in order to
receive points, at the start of a trip the
system must provide a visual seat belt
warning that lasts until the belt is
fastened 74 and an audible warning that
activates when certain conditions are
met and generally must last at least
V. NHTSA Research on Effectiveness
and Acceptance of Seat Belt Warning
Systems
NHTSA has taken a variety of actions
to research the effectiveness and
acceptance of seat belt warnings.
In 2002 the agency chartered an
integrated project team to recommend
strategies for increasing seat belt use.75
The team’s report, issued in 2003,
observed that ‘‘[d]espite the significant
increases over the past twenty years,
safety belt use in the United States falls
short of that in some industrialized
nations.’’ 76 The report also noted that
there are a ‘‘wide range of initiatives
. . . that have the potential to raise and/
or sustain safety belt use rates.’’ The
report went on to identify several such
initiatives, which it classified as either
behavioral or vehicle-based. The
behavioral strategies included
upgrading existing State seat belt laws,
high-visibility enforcement campaigns,
a national communications plan,
employer policies and regulation, and
insurance industry collaboration. The
vehicle-based strategies included
encouraging vehicle manufacturers to
voluntarily install enhanced seat belt
warning systems, providing consumer
information on vehicles equipped with
enhanced warning systems as part of
NCAP, and continued monitoring and
assessment of the effectiveness and
acceptability of enhanced seat belt
warnings through research.
In response to the 2005 SAFETEA–LU
mandate, NHTSA undertook a multiphase research study of seat belt
warnings. NHTSA published several
reports on these studies. Three are
particularly relevant to this’s NPRM.
The first is a large-sample
(approximately 40,000 observations)
national observational study on the
effectiveness of front seat belt
warnings.77 The study covered several
states in different parts of the country.
The vehicles in the study sample had a
wide variety of seat belt warning
72 European New Car Assessment Programme
Assessment Protocol—Safety Assist, Version 9.1,
November 2021.
73 For front seat belts, the assessment protocol
requires both a visual and an audible warning
signal. The front occupant visual signal must
remain active until the seat belt is fastened. The
audible signal for the front occupants has two
stages, an initial and final audible signal, which
have different onset criteria. The initial audible
signal must not exceed 30 seconds and the final
audible signal must be at least 90 seconds. To
prevent unnecessary signals, the system must also
be capable of detecting whether the front passenger
seat is occupied.
74 Sction 3.4.2.1.
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75 See
68 FR 46262 (Aug. 5, 2003).
Department of Transportation, National
Highway Traffic Safety Administration. July 2003.
Initiatives to Address Safety Belt Use, available at
www.regulations.gov (docket NHTSA–2003–14621).
77 Mark Freedman et al. The Effectiveness of
Enhanced Seat Belt Reminder Systems Draft Report:
Observational Field Data Collection Methodology
and Findings. 2007. DOT HS–810–844. Washington,
DC: National Highway Traffic Safety
Administration.
76 U.S.
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systems. These included warning
systems that had only the minimum
features required by FMVSS No. 208, as
well as twenty different enhanced
warning systems. Because of the detail
of the data gathered (e.g., occupant
demographic and vehicle-specific
information), the analysis was able to
control for confounding factors. The
second study uses an experimental or
focus-group-based approach to study
consumer acceptance as well as
effectiveness.78 The third report
summarized and extended the analyses
from the previous two reports.79 This
series of research studies shows, among
other things, that the presence of an
enhanced front seat belt reminder
system increased front outboard
passenger seat belt use by about 3 to 4
percentage points more than in vehicles
with only a driver seat belt warning
system meeting the minimum
requirements in S7.3.
In 2015 the agency completed an
additional report on a study of the
effectiveness and consumer acceptance
of rear seat belt warnings.80 This study
utilized a telephone survey of the
drivers of vehicles with and without
rear seat belt warning systems. The
study found that overall, drivers of
vehicles with a rear seat belt warning
system were satisfied with the system
and noticed an increase in rear seat belt
use. For example, among drivers of
vehicles with a rear seat belt warning,
approximately 80% were satisfied with
the system and 65% reported that the
rear seat belt warning made it easier to
encourage rear seat passengers to buckle
up. About one-quarter of drivers (24%)
of vehicles equipped with a rear seat
belt warning system noticed an increase
in rear seat belt use. When asked about
their experience with the change of seat
belt buckle status alert, close to half of
the drivers of vehicles with a rear seat
belt warning system (49%) said that
their system had indicated, within the
past year, that a passenger had
unfastened his/her seat belt. Overall, of
those who reported experiencing a
change of seat belt status alert (49%),
over three-quarters of these drivers
(77%) said that the unbuckled passenger
eventually did refasten her seat belt,
78 N. Lerner et al. 2007. Acceptability and
Potential Effectiveness of Enhanced Seat Belt
Reminder System Features. DOT HS 810 848.
Washington, DC: National Highway Traffic Safety
Administration [hereinafter DOT 2007
Acceptability Study].
79 DOT 2009 Belt Warning Study, supra note 36.
80 Paul Schroeder & Melanie Wilbur. 2015.
Survey of Principal Drivers of Vehicles with a Rear
Seat Belt Reminder System. Washington, DC:
National Highway Traffic Safety Administration.
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either on her own or at the driver’s
request.
In 2021, NHTSA published an update
of the 2009 Belt Warning Study.81 The
purpose of the report was to examine
the front seat belt warning system
features associated with greater
effectiveness in increasing seat belt use.
Because of limitations with the
collected data, the findings of the report
were relatively limited. However, the
report found (consistent with the earlier
research) that ‘‘systems with sound,
icon, and text had generally higher seat
belt use rates than systems without all
of these features.’’
The results of this research are
discussed in more detail throughout the
preamble. The relevant research reports
have also been placed in the docket for
this rulemaking.
VI. Safety Need
As noted earlier, rear seat belt use has
consistently been lower than front seat
belt use. NHTSA estimated the target
populations for rear and front outboard
passenger seat belt warnings, as well as
the effectiveness of the warnings. This
section provides a summary of these
estimates. For additional discussion of
the methodology used to derive these
estimates, see the discussion in the
Preliminary Regulatory Impact Analysis
as well as the studies placed in the
docket.
To estimate the target populations for
the rear and front passenger seats—that
is, the number of unrestrained
occupants who could be expected to
potentially benefit from the proposed
seat belt warning requirements—
NHTSA examined data from the Fatality
Analysis Reporting System (FARS) 82
and the National Automotive Sampling
System (NASS) Crashworthiness Data
System (CDS) 83 from 2011 to 2015.
Because seat belts are effective at
preventing deaths and injuries in all
types of motor vehicle crashes,84 the
81 Polson, A., Lerner, N., Burkhardt, E., Piesse, A.,
Zador, P., & Janniello, E. (2021, October). Enhanced
seat belt reminder systems: An observational study
examining the relationship with seat belt use
(Report No. DOT HS 812 808). National Highway
Traffic Safety Administration, Pg. 40.
82 See NHTSA, NCSA Reports and Publications,
https://www.nhtsa.gov/FARS. FARS contains data
on a census of fatal traffic crashes within the 50
States, the District of Columbia, and Puerto Rico. To
be included in FARS, a crash must involve a motor
vehicle traveling on a traffic way customarily open
to the public, and must result in the death of an
occupant of a vehicle or a non-occupant within 30
days of the crash.
83 The CDS target population is defined as policereported motor vehicle traffic crashes involving at
least one passenger car, pickup, van, or SUV (also
called CDS applicable vehicles) that was towed
from the scene due to damage.
84 DOT Lives Saved Study at 106 (front seats); Id.
at 112 (rear seats). Seat belts are less effective in
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target populations include fatalities and
injuries from different crash modes. We
examined fatalities and injuries for
occupants in passenger cars, trucks,
buses, and MPVs with a GVWR of 4,536
kg (10,000 lb) or less (the vehicles [with
some exceptions] to which the proposed
requirements would apply). We
adjusted these to account for future
decreases in fatalities and injuries
projected to occur in the absence of the
proposed requirements due to the
introduction of other mandatory safety
technologies (e.g., electronic stability
control, ejection mitigation side curtain
air bags).
Based on FARS and NASS–CDS data
from 2011 to 2015, on average 1,002
unrestrained rear occupants were killed
in crashes and 7,821 were injured
annually.85 After adjusting these to
account for future decreases in fatalities
and injuries projected to occur in the
absence of the proposed requirements
due to the introduction of other
mandatory safety technologies, there
were, on average, 475 fatalities and
7,036 injuries to unrestrained rear seat
occupants each year. This is the overall
target population for the proposed rear
seat belt warning requirements.
Turning to the target population for
the driver and front outboard passenger
seat, from 2011 to 2015, annually an
average of 7,503 unrestrained drivers
were killed in crashes and an average of
1,453 unrestrained front outboard
passenger seat occupants were killed in
crashes and 63,436 unrestrained drivers
and front outboard passenger occupants
were injured.86 After adjusting these to
account for future decreases in fatalities
and injuries projected to occur in the
absence of the proposed requirements
due to the introduction of other
mandatory safety technologies, there
were, on average, 6,733 fatalities and
47,952 injuries to unrestrained front
outboard seat occupants each year. This
is the overall target population for the
proposed front outboard passenger seat
belt warning requirements.
VII. ANPRM
On September 27, 2019, in accordance
with the grant of the petition from
Public Citizen and Advocates for
Highway and Auto Safety and
continuing with the proceeding that
MAP–21 required to be initiated,
NHTSA published an ANPRM for
requiring rear seat belt warning
systems.87 The ANPRM sought
severe near-side impacts or other catastrophic
crashes. Id. at 112.
85 See PRIA, Appendix D.
86 See PRIA, Appendix D.
87 84 FR 51076 (Sept. 27, 2019).
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comment on a variety of issues related
to a requirement for a rear seat belt
warning system, including potential
requirements for such systems, the
vehicles to which they should apply,
their effectiveness, the likely consumer
acceptance, and the associated costs and
benefits. It also sought comment on
removing the 8-second maximum
duration for the driver’s seat belt
warning specified in FMVSS No. 208
S7.3 to reflect MAP–21’s repeal of the
statutory limitation that was the basis
for this provision.
The comment period closed on
November 26, 2019. NHTSA received 45
comments: five comments from vehicle
manufacturers; two from school
transportation associations; two from
vehicle manufacturer associations;
seven from safety advocacy groups;
seven from automotive industry
suppliers and trade associations; one
comment each from a foreign country,
insurance institute, consumer program,
and bus manufacturer; and eighteen
comments from individual members of
the public.
Most commenters, including safety
advocates, vehicle manufacturers and
suppliers, and individual members of
the public, supported a rear seat belt
warning requirement. Some commenters
(including a bus manufacturer, a bus
supplier, an association of school bus
operators, and some individual
commenters) recommended that the
requirements not apply to heavy
vehicles such as buses or school buses,
citing concerns with installation, costs,
the driver’s role, and maintenance.
Vehicle manufacturers and suppliers
commented that the requirements
should harmonize with ECE R16, while
some other commenters (predominantly
safety advocacy groups) supported
departures from the ECE R16
requirements, arguing that
harmonization should not come at the
expense of safety. Thus, while most
commenters supported requiring a
visual warning on vehicle start-up and
an audio-visual change-of-status
warning for a belt that is unfastened
when the vehicle is moving, some
commenters favored requiring enhanced
features such as an audio-visual
warning on vehicle start-up and
occupant detection.
A few commenters (Advocates, Kids
and Cars, Center for Auto Safety)
pointed out the delays with this
rulemaking and the urgency for a final
rule. Most vehicle manufacturers
supported removing the upper limit on
the duration of the audible warning for
the driver’s seat belt.
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VIII. NHTSA’s Statutory Authority
NHTSA is proposing this’s NPRM
pursuant to its authority under the
National Traffic and Motor Vehicle
Safety Act.
Under 49 U.S.C. chapter 301, Motor
Vehicle Safety (49 U.S.C. 30101 et seq.),
the Secretary of Transportation is
responsible for prescribing motor
vehicle safety standards that are
practicable, meet the need for motor
vehicle safety, and are stated in
objective terms.88 ‘‘Motor vehicle
safety’’ is defined in the Motor Vehicle
Safety Act as ‘‘the performance of a
motor vehicle or motor vehicle
equipment in a way that protects the
public against unreasonable risk of
accidents occurring because of the
design, construction, or performance of
a motor vehicle, and against
unreasonable risk of death or injury in
an accident, and includes
nonoperational safety of a motor
vehicle.’’ 89 ‘‘Motor vehicle safety
standard’’ means a minimum
performance standard for motor vehicles
or motor vehicle equipment.90 When
prescribing such standards, the
Secretary must consider all relevant,
available motor vehicle safety
information.91 The Secretary must also
consider whether a proposed standard is
reasonable, practicable, and appropriate
for the types of motor vehicles or motor
vehicle equipment for which it is
prescribed and the extent to which the
standard will further the statutory
purpose of reducing traffic accidents
and associated deaths.92 The
responsibility for promulgation of
Federal motor vehicle safety standards
is delegated to NHTSA.93 In making the
proposals in this’s NPRM, the agency
carefully considered all the
aforementioned statutory requirements.
They are discussed in more detail
throughout the preamble and in the
regulatory analyses. In addition, MAP–
21 directed NHTSA to initiate a
rulemaking to require a seat belt
warning for the rear seats in motor
vehicles (see Section III, Regulatory and
Legislative History).
IX. Overview of Proposed Requirements
As previously mentioned, this NPRM
proposes amending the existing seat belt
warning provisions in FMVSS No. 208.
This proposal has two main
components. The first proposes
requiring a seat belt reminder for the
88 49
U.S.C. 30111(a).
U.S.C. 30102(a)(9).
90 Section 30102(a)(10).
91 Section 30111(b)(1).
92 Section 30111(b)(3)–(4).
93 See 49 CFR 1.95.
89 49
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rear seats. The second proposes changes
and enhancements to the seat belt
warning requirements for the front
outboard seats. These proposed
requirements would apply to passenger
cars and trucks, buses (except school
buses), and multipurpose passenger
vehicles with a GVWR of 4,536 kg
(10,000 lb) or less.
Rear Seat Belt Reminder Requirements
The first component of this NPRM is
a set of proposed requirements for a seat
belt warning for rear seats. The
proposed requirements have four main
elements.
• Visual warning on vehicle start-up
to inform the driver of the status of the
rear seat belts. We propose three
different compliance options for the rear
seat belt warning system. The first
would require the system to indicate
how many or which rear seat belts are
in use (the ‘‘positive-only’’ option). The
second would require the system to
indicate, for the occupied rear seats,
how many or which rear seat belts are
not in use (the ‘‘negative-only’’ option).
The third would require the system to
indicate, for the occupied rear seats,
how many or which rear seat belts are
in use and how many or which rear seat
belts are not in use (the ‘‘full-status’’
option). Certain features would be
required of all the options. Each system
would have to provide a continuous or
flashing visual warning, consisting of
either icons or text, visible to the driver.
The visual warning would have to last
for at least 60 seconds, beginning when
the vehicle’s ignition switch is moved to
the ‘‘on’’ or ‘‘start’’ position. The
negative-only and full-status
compliance options would require that
the rear seats be equipped with a belt
latch sensor and an occupant detection
system (which facilitates these moreinformative warnings), while the
positive-only option would only require
that the rear seats be equipped with a
belt latch sensor.
• Audio-visual change-of-status
warning. We propose an audio-visual
warning whenever a fastened rear seat
belt is unfastened while the ignition
switch is in the ‘‘on’’ or ‘‘start’’ position
and the vehicle’s transmission selector
is in a forward or reverse gear. The
warning would have to last for at least
30 seconds. We do not propose any
requirements for the volume or tone of
the warning. The intent of this warning
is to alert the driver or other occupants
of a change in belt status during a trip.
The warning would not be required if a
door is opened, which would be the
case if a rear passenger unfastened their
belt in order to exit the vehicle.
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• Requirements related to electrical
connections. Readily removable rear
seats would be required to either
automatically connect the electrical
connections when the seat is put in
place, or, if a manual connection is
required, the connectors must be
readily-accessible. Further, vehicles
utilizing the negative-only compliance
option would be required to provide a
visual warning to the driver if a proper
electrical connection has not been
established for a readily removable rear
seat.
• Owner’s manual requirements. We
propose that the vehicle owner’s manual
(which includes information provided
by the vehicle manufacturer to the
consumer, whether in digital or printed
form) describe the warning system’s
features, including the location and
format of the visual warnings. We also
propose that the owner’s manual (which
includes information provided by the
vehicle manufacturer to the consumer,
whether in digital or printed form)
include instructions on how to make
any manual electrical connections for
readily removable seats.
Front Outboard Seat Belt Warning
Requirements
We propose several changes and
enhancements to the seat belt warning
requirements for the front outboard
seats:
• Audio-visual warning on vehicle
start-up for front outboard passenger
seat. Currently, only the driver’s seat is
required to have a seat belt warning,
although almost all vehicles now
provide a seat belt warning for the front
outboard passenger seat as well.
Accordingly, we propose to require a
seat belt warning for the front outboard
passenger seat. In addition, for an ADSequipped vehicle that has no manuallyoperated driving controls, we are
proposing that the front passenger
warning apply to ‘‘any’’ front outboard
passenger.
• Increasing the duration of the
audio-visual warning on vehicle startup. We propose enhancing the front seat
belt warning duration by requiring an
audio-visual warning that remains
active until the seat belt at any occupied
front outboard seat is fastened. We are
proposing this in light of a variety of
factors, including the increase in
roadway fatalities, the lack of
improvement of front seat belt use rates,
and the fact that the audio-visual
warnings with which vehicle
manufacturers are currently equipping
vehicles significantly exceed the
4-second regulatory minimum
(including a non-trivial share of
currently sold vehicles with an
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indefinite-duration reminder). Vehicle
manufacturers can adjust warning signal
characteristics (such as frequency and
volume) to make the warning both
effective and acceptable to consumers.
We are also proposing some additional
requirements for the warning related to
increasing the duration (for example,
specifying at least a 20 percent duty
cycle for the warning).
• Audio-visual change-of-status
warning. We also propose to require an
audio-visual change-of-status warning
whenever a front outboard passenger
seat belt is unbuckled during a trip
(unless a front door is opened, to
account for an occupant unfastening the
belt to exit the vehicle). The warning
would be required to remain active until
the seat belt is refastened.
• Driver seat belt warning for
medium-sized buses. FMVSS No. 208
currently does not require a driver seat
belt warning for medium-sized buses
(roughly, buses that weigh between
3,855 kg (8,500 lb) and 4,536 kg (10,000
lb)). We are now proposing to require
that these buses be equipped with a
driver seat belt warning. NHTSA is
unaware of any such buses that do not
already have an FMVSS No. 208compliant driver seat belt warning.
Effective Date
We propose an effective date of the
first September 1 that is one year after
the publication of the final rule for the
front seat belt warning system
requirements and the first September 1
that is two years after the publication of
the final rule for the rear seat belt
warning system requirements, with
optional early compliance. For example,
if the final rule were published on
October 1, 2022, the effective date
would be September 1, 2024 for the
front seat belt warning system
requirements and September 1, 2025 for
the rear seat belt warning system
requirements. Consistent with 49 CFR
571.8(b), multi-stage manufacturers and
alterers would have an additional year
to comply.
X. Proposed Rear Seat Belt Warning 94
A. Overview
The proposed rear seat belt warning
requirements have four main
components: a visual warning on
vehicle start-up to alert and inform the
94 Comments are from the ANPRM unless
otherwise noted. As discussed in more detail in the
regulatory alternatives section, many commenters
(OEMs and trade groups) generally recommended
harmonizing with R16 and/or other NCAP
programs. In the following sub-sections, we include
comments that specifically recommended
harmonizing with R16 or Euro NCAP with respect
to the particular issue being discussed.
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driver of the status of the rear seat belts;
an audio-visual change-of-status
warning when a rear seat belt is
unbuckled during a trip; requirements
for the electrical connections for readily
removable seats; and owner’s manual
requirements. We also propose
requirements for several characteristics
of this warning, such as duration and
triggering conditions. We also discuss
related issues such as hardening the
system against user circumvention,
consumer acceptance, and technological
and economic feasibility.
The proposed changes would apply to
all rear designated seating positions in
passenger cars, trucks, buses (except
school buses), and MPVs with a GVWR
of 4,536 kg (10,000 lb) or less.
B. Applicability
The ANPRM sought comment on the
vehicles to which a rear seat belt
warning requirement should apply. The
current FMVSS No. 208 generally
requires rear seat belts in passenger cars,
trucks, MPVs, buses less than 10,000 lb,
over-the-road buses between 10,000 lb
and 26,000 lb, and buses greater than
26,000 lb (except school, perimeterseating, and transit buses). We observed
that high-occupancy vehicles might
pose challenges for implementing a rear
warning system due to the potential
complexities of the visual signal,
number of seats, and other issues. At the
same time, such vehicles could be at
least as likely—if not more likely—to
have rear occupants. With respect to
school buses, a rear seat belt warning
requirement might place additional cost
burdens on school systems, potentially
leading to reductions in school bus
service, with a concomitant increased
risk to students.95 We also noted that
school buses utilize
compartmentalization to reduce the risk
of crash injury, even to the unbelted.
The ECE R16 rear belt warning
requirements apply to M1 and N1
vehicle categories (passenger cars,
multipurpose passenger vehicles, vans,
pick-ups and light trucks), with
exemptions for ambulances, hearses,
and motor-caravans, as well as for all
seats for vehicles used for transport of
persons with disabilities, vehicles
intended for use by the armed services,
civil defense, fire services and forces
responsible for maintaining public
order.96
95 See 76 FR 53102 (Aug. 25, 2011) (denial of a
petition for rulemaking to mandate the installation
of three-point seat belts for all seating positions on
all school buses).
96 § 8.4.1.2.
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Comments
Advocates commented that the
requirements should apply, at a
minimum, to all passenger vehicles, and
should apply in all vehicles in which
data indicates belt non-use is occurring.
Freedman Seating Company (a
manufacturer of seating for the
transportation industry) favored a
requirement for all vehicles (and,
presumably, seating positions) requiring
Type 2 seat belts.97 A number of
commenters recommended that the
requirements harmonize with R16. Two
commenters stated that, consistent with
ECE R16–07, vehicles such as
ambulances, hearses, and police cars
should be exempt from any
requirements. Two commenters
similarly stated that the rule should
only apply to vehicles under 10,000
pounds GVWR (with some specific
exclusions for certain vehicle types). A
commenter argued that while there
might be benefits to a requirement for
commercial vehicles and buses, it could
pose considerable challenges for those
vehicles, so any requirements for larger
vehicles should be considered in a
separate rulemaking.
We also received several comments
specifically about applicability to buses.
One comment stated that seat belt
reminder systems should be included in
vehicles 10,000 lb and under, including
high-occupancy vehicles such as 15passenger vans and school buses, given
the likelihood of vulnerable (e.g.,
children) rear seat passengers and the
difficulty for the driver to determine if
occupants are belted. Other commenters
opposed a requirement for some or all
buses. A commenter opposed
requirements for any buses based on
what it characterized as the complexity,
cost, potential for driver distraction, and
lack of data supporting effectiveness.98
A commenter stated that rear seat belt
warnings should not be required in
motorcoaches; 99 while technically
feasible, such a requirement would be
costly and not suitable. The
97 A Type 1 seat belt assembly is a lap belt for
pelvic restraint, and a Type 2 seat belt assembly is
a combination of pelvic and upper torso restraints
(3-point belt). Type 2 belts are required for most
rear seats in passenger cars. S4.1.5.5. Type 2 belts
are also required for most rear seats on buses
required to have rear seat belts. Type 2 belts are also
required on most rear seats in trucks and MPVs less
than or equal to 10,000 lb. Type 2 belts generally
are not required on side-facing seats.
98 Blue Bird’s comment was unclear, because it
also specifically commented that it was opposed to
any changes which expand the requirements of
FMVSS No. 208 for buses with a GVWR greater than
3,855 kg (8,500 lb), including the proposed
requirement for rear passenger seat belt warning
systems.
99 We assume that this refers to traditional
motorcoaches which are over 10,000 lb.
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commenter’s concerns were similar to
those that detailed for school buses (see
below).
Several commenters argued that
school buses should be excluded from
any requirements. They made a variety
of arguments on this point.
The commenters argued that a
requirement for school buses would be
prohibitively expensive. One
commenter stated that it could dissuade
pupil transporters from voluntarily
equipping large buses with seat belts, as
well as provoke objections to laws that
require them. Several comments
questioned the technical feasibility and
the potential for malfunctions and false
alarms. A commenter stated that
because of the complexity of any system
required for a vehicle with a large
number of rear seating positions,
improper detection is a real possibility.
Two commenters similarly said that the
sensors might not be sophisticated
enough to deal with the variations
found in the school bus operating
environment, because children that ride
in school buses are of varying ages and
sizes, with NSTA noting the possibility
of false alarms. A commenter stated that
the school bus interior is a harsh
environment and the necessary wiring
and connections are subject to failure by
exposure or tampering; this failure for
hardwired systems could be eliminated
through use of wireless technology, but
transmitting devices are also subject to
failure, and require power. However,
some commenters noted that rear
warnings for school buses may be
technically feasible and are, to some
extent, currently available.
Two commenters also raised potential
unintended consequences of school bus
driver distraction. A commenter brought
up that driver distraction is perhaps the
greatest concern for the implementation
of warning device technology in school
buses. The primary function of the
school bus driver is to safely transport
the student passengers; the bus driver
must be able to fully focus on driving,
so each activation of a warning would
require a bus driver to transfer focus to
the display source to read the data,
understand the data, then interpret the
data to the exact student/location in the
bus. At that point, the driver would
need to direct the student to buckle up
if that is the actual need. This situation
could occur simultaneously with several
students. In driving situations with
high-density urban traffic or high-speed
rural two-lane roads with much
commercial vehicle traffic, the potential
for a crash could significantly increase.
A couple of commenters questioned
the ability of school bus drivers to
ensure that student occupants use the
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seat belts. A commenter questioned
what a driver faced with a seat belt
warning should do: Would the driver be
required to walk the aisle like an
airplane flight attendant inspecting the
entire bus and requiring students to
buckle up? Would the driver be required
to refuse to move the bus until all belts
are buckled? The commenter also
questioned whether it is the
responsibility of the driver or the
passenger to obey any applicable state
law (along with parental and school
information and encouragement) and
ensure the belt is fastened. Another
commented similarly stated that the
driver’s ability to ensure seat belt use is
limited; the student passengers’ failure
to comply often comes after repeated
requests to do so from school bus
drivers or aides. A few commenters also
had concerns about potential legal
liability for operators and drivers. A
commenter stated that school districts
would need to determine if the failure
of a warning system to properly
function would require that the seating
position be rendered unusable, and
another commenter said that it was
unclear if the presence of a seat belt
warning system would make the driver
legally liable in a crash for injuries to
unbelted students. The commenter
further wondered whether the addition
of such a system would force school
systems to hire bus monitors to
supervise belt use, adding a significant
cost to state and local budgets. Along
these lines, the commenter
recommended a hold-harmless
provision in the regulations to cover
school bus operators for instances where
a student passenger evades a seat belt
restraint system and sustains injuries.
Related to this, two commenters
mentioned the possibility of
circumvention in school buses. One
commenter noted the ability of
passengers to defeat the systems (either
intentionally or unintentionally);
sophisticated sensor design would be
required to warn the driver of non-use
in these cases. Another commenter said
that an occupant could buckle the belt
behind him/her, thus turning off the
alarm without having complied with the
purpose of the alarm.
A commenter stated that a seat belt
warning on school buses would lead to
routing delays, due to additional time
required at each stop to ensure that
students were belted. The commenter
also noted the potential effects of
stopped buses (especially during rush
hours). Another commenter said that
system malfunctions would result in a
school bus being removed from service
and raised the possibility of a
malfunction occurring mid-trip, which
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whether to continue operating the bus
or not.
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Agency Response
This proposal applies to all rear
designated seating positions in
passenger cars and all rear designated
seating positions certified to a
compliance option requiring a seat belt
in trucks, buses, and MPVs with a
GVWR of 4,536 kg (10,000 lb) or less,
except for school buses and law
enforcement vehicles. We propose to
apply the proposed requirements to
these categories of vehicles because
these vehicles are required to have seat
belts at all rear designated seating
positions and (except for some buses) a
seat belt warning for the driver’s seat.100
We note that some types of trucks and
MPVs (motor homes, walk-in van-type
trucks, vehicles designed to be sold
exclusively to the U.S. Postal Service, or
vehicles between 8,500–10,000 lbs
carrying a chassis-mount camper) 101
and over-the-road buses that are also
prison buses 102 are not required to have
rear seat belts. The proposed
applicability is largely consistent with
ECE R16, except that we are not
proposing to exempt special-purpose
vehicle types such as ambulances
because they are typically customized
after first sale.103
We believe it is particularly important
to include vehicles with a GVWR greater
than 3,855 kg (8,500 lb), but less than
or equal to 4,536 kg (10,000 lb)—
including buses other than school
buses—because this includes high
occupancy vehicles (e.g., large capacity
passenger vans and large sport utility
vehicles [SUVs]).104 We also believe an
increasing number of large trucks and
vans are used as personal vehicles and
are not solely used for work-related
purposes. In addition, multiple rear
seats or rows make it more difficult for
the driver to ascertain rear seat belt use,
so a warning could prove especially
100 Buses with GVWRs greater than 8,500 lb and
less than or equal to 10,000 lb are currently not
required to have a driver’s seat belt warning. See
FMVSS 208, S4.4.3.1. We propose to close this
loophole. See Section XI.B.
101 S4.2.7.1.
102 S4.4.3.3; S4.4.5.1.
103 See 49 U.S.C. 30112(b)(1) (a FMVSS does not
apply to, among other things, ‘‘the sale, offer for
sale, or introduction or delivery for introduction in
interstate commerce of a motor vehicle or motor
vehicle equipment after the first purchase of the
vehicle or equipment in good faith other than for
resale’’).
104 Fifteen-passenger vans are classified as buses
under the FMVSS because they are designed for
carrying more than ten persons. See 49 CFR 571.3
(‘‘Bus means a motor vehicle with motive power,
except a trailer, designed for carrying more than 10
persons.’’) (italics in original).
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useful in these vehicles. We also
recognize that the intent of the MAP–21
mandate is to improve protection for
rear occupants; given the proven
benefits of seat belts, we tentatively
believe the warning should be broadly
applied. We acknowledge that vehicles
with a larger number of rear seats may
encounter visual signal complexities.
Accordingly, our intent is to propose
performance requirements that provide
manufacturers with the flexibility to
design a warning system that is
appropriate for each vehicle type. We
chose to limit the application of the
passenger seating requirements to lightduty vehicles (less than or equal to
10,000 lb). Several commenters were all
in agreement with excluding vehicles
over 10,000 lb; it is consistent with the
petition and with the applicability of
the current seat belt warning system
requirements.
We have tentatively decided to
exclude all school buses (including
those weighing under 10,000 lb [small
school buses]) because of practicability
issues. First, the agency is concerned
about the costs to school systems, which
could lead to reductions in school bus
service, resulting in greater risk to
students. Second, we are concerned
about the burdens such systems might
place on the driver. For example, with
a rear seat belt warning system without
occupant detection (the minimum
compliance option that we are
proposing in this NPRM), the school bus
driver would have to verify that all the
passengers are using their seat belts
based on the system’s visual signal that
identifies how many or which rear seat
passengers are belted. We tentatively
agree with the commenters who argued
that is not practicable. This concern
might be mitigated, in part, by a more
robust system utilizing occupant
detection, but we do not believe that
would be practicable at this time.105
Third, school buses of all sizes offer
passengers compartmentalization
protection to reduce the risk of crash
injury, even to the unbelted. Such
protection is not offered in other
vehicles. Finally, we note various other
concerns raised by the commenters and
summarized above, including the
possibility of school buses being out of
service due to malfunctioning reminder
systems, and potential liability issues
for school districts.
Law enforcement vehicles would also
be exempt from the proposed
requirements because of concerns with
practicability: the rear seats are mainly
used to transport passengers that are
105 More discussion of occupant detection
systems is provided in Section XIV.B.
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under arrest and normally handcuffed,
so if the policy of the police agency is
that prisoners be transported with their
seat belts fastened then the officer
would be responsible for fastening the
seat belt around the prisoner(s) and thus
would already be aware of the belt
status of the rear seat occupants. The
term ‘‘law enforcement vehicle’’ is
already defined in FMVSS No. 208 to
mean ‘‘any vehicle manufactured
primarily for use by the United States or
by a State or local government for police
or other law enforcement purposes.’’
We seek comment on our proposed
applicability requirements.
C. Requirements
This NPRM proposes a visual warning
on vehicle start-up and an audio-visual
change-of-status warning if a belt is
unbuckled during a trip. We also
propose a variety of requirements with
respect to the warning triggering
conditions, duration, telltale, and
electrical connections, among other
things.
1. Visual Warning on Vehicle Start-Up
This NPRM proposes a visual warning
to alert and inform the driver, upon
vehicle start-up, to the status of the rear
seat belts. We also propose minimum
performance requirements for several
aspects of this warning.
a. Compliance Options for the Type of
Information Conveyed
The ANPRM sought comment on
whether NHTSA should require a
warning at the start of the trip, whether
such a warning should be visual-only or
audio-visual, and what type of
information the visual warning should
convey. NHTSA identified three
potential types of warnings. One would
require the system to indicate how
many or which rear seat belts are in use
(a ‘‘positive-only’’ system). The second
would require the system to indicate, for
the occupied rear seats, how many or
which rear seat belts are not in use
(‘‘negative-only’’). The third requires the
system to indicate, for the occupied rear
seats, how many or which rear seat belts
are in use and how many or which rear
seat belts are not in use (‘‘full-status’’).
The second and third types of warnings
identified would require that the system
be capable of determining which rear
seating positions are occupied (i.e.,
would require an occupant detection
system). NHTSA also sought comment
on whether some or all of the
compliance options should require
occupant detection.
ECE R16 requires a visual warning at
the start of a trip, but not an audible
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signal.106 The visual warning must
remain active until none of the belts that
triggered the warning are unfastened,
the seat(s) which triggered the warning
are no longer occupied, or 60 seconds
has elapsed.107 The visual warning must
‘‘indicate at least all rear seating
positions to allow the driver to identify,
while facing forward as seated on the
driver seat, any seating position in
which the safety-belt is unfastened.’’ 108
Occupant detection is not required, but
in vehicles that do have occupant
detection the warning does not need to
indicate unfastened belts for
unoccupied seating positions.109 This
warning may be canceled by the
driver.110
Euro NCAP’s rating protocol also
requires a visual warning at the start of
a trip. The requirements are similar to
ECE R16. Euro NCAP’s rating protocol
does not require occupant detection but
incentivizes systems that use occupant
detection by awarding additional points
for this feature. For systems without
occupant detection, the visual signal
must show belts in use and not in
use.111 For systems with occupant
detection, the visual signal does not
need to indicate the number of seat belts
in use or not in use, but the signal must
remain active as long as the seat belts
remain unfastened on any of the
occupied seats in the rear; 112 no visual
signal is required if no rear occupants
are detected.113 Systems with occupant
detection must also provide a 30-second
audible signal at the start of the trip
before specified speed or distance
thresholds have been crossed.114
Alternatively, if occupant detection is
provided the manufacturer may use the
same warning strategy as specified for
the front seats.115
Comments
Most commenters explicitly endorsed
a warning on start-up, and none
106 Section
8.4.4.1; Section 8.4.2.3.1.
8.4.2.3.1; § 8.4.2.3.2.
108 Section 8.4.4.2.
109 Section 8.4.4.2.
110 Section 8.4.4.3.
111 Section 3.4.3.1.4.
112 Section 3.4.3.1.3.
113 Section 3.4.3.1.1.
114 Section 3.4.3.2.3. The thresholds are (at the
choice of the OEM) either a forward speed of 25
km/h or forward motion for 500 m.
115 Section 3.4.3.2.3. For front seat belts, the
assessment protocol requires both a visual and an
audible warning signal (see Section 3.4.2). The
visual signal must remain active until the seat belt
is fastened. The audible signal has two stages, an
initial and final audible signal, which have different
onset criteria. The initial audible signal must not
exceed 30 seconds and the final audible signal must
be at least 90 seconds. To prevent unnecessary
signals, the system must also be capable of
detecting whether the front passenger seats are
occupied.
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opposed it, although the comments
differed on whether it should have an
audible component. Two comments
recommended harmonizing with the
ECE R16 requirement for a visual-only
warning on start-up. A commenter
stated that NHTSA should provide
flexibility in terms of the type of
information that is required to be
communicated by the reminder system,
including positive-only, negative-only,
and full-status systems, with
consideration for both occupantdetection and non-occupant-detection
centric approaches. Based on the
definitions provided within the
ANPRM, the baseline standard for R16
could be met through a non-occupant
detection, positive-only system, but
would not prohibit additional
technology features to provide
additional functionality. Another
commenter agreed that positive-only,
negative-only, and full-status systems
each could have strengths and
limitations; the priority should be that
all of these variations effectively allow
the driver to identify which seats are
unfastened (in the case without
occupant detection), or if any occupied
seats are unfastened (with occupant
detection). The commenter noted that
R16 does not establish such definitions
of systems, but rather specifies the base
requirement that the driver should be
able to identify which seats are
unfastened. The comment stated that
NHTSA should not set criteria too
broadly, which could restrict
manufacturers to implementing a fullvehicle display, even if occupant
detection is applied, in which case a
single seat belt telltale indicator is
sufficient.
Three commenters recommended a
visual-only warning. A commenter
stated that a visual warning, such as a
telltale, should exist as an initial
warning, and a combination of audible
and visual warnings could exist as a
‘‘second-level’’ warning. Another
commenter stated that visual displays
are efficient at conveying information
that is complex, that deals with
locations in space, or that does not
require immediate action. The comment
stated that, while audio-visual warnings
are more effective than visual-only
warnings, visual displays are less
intrusive and perceived as less annoying
than audible warnings, so that a visualonly warning would minimize the
impact of false warnings that could
negatively impact consumer acceptance.
The commenter also stated that, while
visual displays alone have not been
found to be effective for motivating
occupants to use a seat belt, the driver
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may use this information to encourage
unbuckled rear occupants to use a seat
belt.
Several commenters favored requiring
an audio-visual warning at the start of
the trip. Four commenters supported the
specification of the most effective
warnings and noted that audio-visual
warnings are more effective than visible
warnings alone. Two commenters stated
that a visual-only warning would be
easily missed by a driver who is focused
on driving safely.
Three commenters recommended
requiring a ‘‘negative’’ warning with
occupant detection. A commenter said
that such systems would reduce false
signals and annoyance. Another
commenter similarly supported a
warning on startup and commented that
while a positive-only warning icon at
the start of a ride would be helpful, it
would not be as valuable as a warning
triggered by negative-only status as a
way to change the behavior of those
occupants who are lax or reluctant to
buckle up.
Agency Response
This rule proposes to require a visual
warning (without an audible
component) upon vehicle start-up.
NHTSA decided to propose the three
compliance options identified in the
ANPRM for the type of information the
warning must convey. Each proposed
system has strengths and limitations.
The positive-only system would be the
least technically complex of the three
proposed options. Since it would only
need to detect whether a seat belt is in
use, it would only require a seat belt
latch sensor. With a positive-only
system, the driver would need to
determine how many rear seat
occupants there are and then determine
if that number equals the number of seat
belts that are reported by the warning
system as buckled. This compliance
option would not necessitate occupant
detection; we tentatively believe that
there are still design and technological
challenges associated with
implementing occupant detection
technology in rear seats (this is
discussed in more detail in Section XIII,
Regulatory Alternatives).
The negative-only and full-status
systems would provide the driver with
more information, and thus might be
more effective than the positive-only
system for at least two reasons. First,
they would directly inform the driver
whether any rear seat occupants were
unbuckled, without the driver having to
compare the number or location of
occupants and fastened belts. Second, as
discussed in more detail below, warning
systems equipped with occupant
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detection are more amenable to audible
warnings and enhanced warning
features. However, we tentatively
believe that systems such as these that
provide a negative warning—that is, a
warning for an unfastened belt—are
only appropriate for systems utilizing
occupant detection. This is because we
tentatively believe that it is not
appropriate to provide a warning for an
unfastened seat belt at an unoccupied
seat because such ‘‘false positives’’
could be a nuisance for the driver and
might either desensitize the driver to the
warning signal or lead them to
circumvent or defeat the system—
especially since the majority of trips do
not have rear seat occupants. The
proposal would therefore permit a
warning for an unfastened belt only if
the seating position were equipped with
occupant detection. Accordingly, it
would not, for example, permit a system
without occupant detection that
displayed the status of all the rear seat
belts to be certified as a positive-only
system coupled with a voluntary
warning for unfastened seat belts.
With respect to comments in favor of
requiring audio-visual warnings, we
agree that warnings with an audible
component are generally more effective.
However, requiring an audio-visual
warning would necessitate requiring
occupant detection because the
resulting ‘‘false positives’’—having an
audible warning activate for an
unfastened belt at an unoccupied seat—
would annoy the driver and could
decrease the effectiveness of the
warning. Thus, this NPRM does not
require an audible warning on startup.
However, manufacturers would be free
to provide an audible warning on
startup if they so choose, especially if
the vehicle is equipped with occupant
detection in the rear. This approach
harmonizes with R16 and Euro NCAP.
We acknowledge that there are
systems currently deployed in both the
United States and Europe that would
not comply with the proposed
compliance options. In particular,
manufacturers appear to be deploying
systems without occupant detection that
provide a warning for an unfastened
belt. When the ANPRM was published,
the rear seat belt warning systems in
vehicles sold in the United States used
what would be classified in this
proposal as a positive-only warning
system. Our current, preliminary
review, however, indicates that
manufacturers are now providing visual
warnings that indicate unfastened seat
belts, and not necessarily with occupant
detection. For example, the visual
warning displays on some MY2022
Honda and Porsche vehicles appear to
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indicate the status of all the rear seat
belts, but the owner’s manual does not
indicate that the vehicle is equipped
with occupant detection in the rear
seats. This information is consistent
with Honda’s comment that the
compliance options should allow the
driver to identify which seats are
unfastened (in the case without
occupant detection).
Similarly, it appears that, as suggested
in the comments, European vehicle
manufacturers are deploying systems
that indicate seat belts that are fastened,
seat belts that are not fastened, or the
status of all rear seat belts, both with
and—importantly—without occupant
detection.116 For example, the MY 2021
Peugeot 3008 appears to have a system
that indicates the status of all the rear
seat belts but does not indicate in its
owner’s manual that it has occupant
detection in the rear seats. Both ECE
R16 and Euro NCAP appear to permit a
broad range of systems, including those
providing warnings for unfastened belts
at unoccupied seats. R16 requires that
the visual warning ‘‘indicate at least all
rear seating positions to allow the driver
to identify, while facing forward as
seated on the driver seat, any seating
position in which the safety-belt is
unfastened.’’ Euro NCAP similarly
requires systems without occupant
detection to provide a visual warning
showing both the belts in use and not
in use. Nevertheless, we tentatively
believe that the proposed deviation from
R16 and some current United States and
European systems is warranted because
we tentatively believe it is not
appropriate to provide a warning for an
unfastened belt at an unoccupied seat.
Although the three proposed
compliance options are not identical to
the R16 and Euro NCAP requirements,
we believe that a system that complies
with the proposed requirements could
also comply with R16 and Euro NCAP.
With respect to R16, each of the three
proposed compliance options would
‘‘allow the driver to identify, while
facing forward as seated on the driver
seat, any seating position in which the
safety-belt is unfastened.’’ While the
reference to an ‘‘unfastened’’ belt might
be read to preclude a positive-only
system—that is, it might be read to
mean that the system must explicitly
inform the driver of an unfastened belt,
such as would be the case in the
systems we are calling ‘‘negative-only’’
or ‘‘full-status’’—after reviewing the
types of systems available in the
European market we believe this is not
the case. Similarly, the negative-only
116 Approximately 70% of Euro NCAP-tested
vehicles had occupant detection in the rear seats.
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and full-status compliance options
appear consistent with Euro NCAP
because they would provide a warning
for an unfastened seat belt at an
occupied seat.117 However, the positiveonly compliance option does not appear
to be consistent with Euro NCAP
because Euro NCAP requires that
systems without occupant detection
show the rear seat belts in use and not
in use, and the positive-only
compliance option would not permit a
visual signal for an unfastened seat
belt.118
NHTSA seeks comment on all of these
issues. While we have tentatively
concluded that the proposed
compliance options would help mitigate
false warnings and the possibly
attendant consumer acceptance issues,
we are considering altering the
proposed compliance options to
accommodate systems that are currently
being deployed, or that manufacturers
may wish to deploy in the future. For
example, we are considering allowing
visual warnings that indicate which seat
belts are unfastened without occupant
detection. We therefore seek comment
on what visual warnings vehicle
manufacturers are using in the United
States and Europe and whether they
employ occupant detection. We also
seek comment on why vehicle
manufacturers have decided to use
visual warnings that indicate unfastened
seat belts without the use of occupant
detection and whether they have
received complaints from consumers
about false warnings, or requests to
deactivate the system. Is there any
consumer acceptance data to support or
oppose allowing visual warnings that
indicate unfastened seat belts without
the use of occupant detection in the rear
seats? We also seek comment on
whether there are any other aspects of
the proposed compliance options with
which current or anticipated future
systems would not comply. Is there a
preferable set of options that is
sufficiently objective to satisfy the
Safety Act? NHTSA also seeks comment
on how manufacturers interpret the R16
requirements, to the extent that the
agency’s characterization of them is
contrary to industry understanding or
practice. NHTSA also seeks comment on
whether the proposed regulatory text is
sufficiently objective and unambiguous.
b. Triggering Conditions
In the ANPRM we indicated that
requiring the warning at the beginning
of each journey or trip the vehicle
makes is intuitively appealing because it
117 Section
118 See
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would help assure that occupants are
safely restrained prior to any potential
vehicle crash. However, we sought
comment on the possible advantages of
delaying the warning to a time when the
driver or occupants are less distracted
and therefore might pay more attention
to the warning.
R16 requires that the visual warning
activate when a belt is not fastened and
the ignition or master control switch
activated.119 Euro NCAP similarly
requires that the warning start at the
commencement of a journey when the
ignition switch is engaged (whether or
not the engine is running) and any of
the rear belts are not fastened.120
However, Euro NCAP allows for short
breaks in the journey (up to 30 seconds)
to account for events such as engine
stalling where the reminder is not
required to start again.121 For both R16
and Euro NCAP, for vehicles that have
occupant detection in the rear seats, the
visual warning does not need to indicate
unfastened seat belts for unoccupied
seating positions.122
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Comments
Many ANPRM commenters either
specifically recommended harmonizing
with R16 or recommended triggers that
harmonized with R16. Three
commenters specifically recommended
harmonizing with R16. Many other
commenters recommended that the
trigger be based on the ignition switch.
One commenter explained that this
would provide flexibility for novel
approaches for classifying vehicle
motion. A few commenters stated that it
was necessary for the warning to
activate before the vehicle was in
motion; for example, it was noted that
vehicle crashes can happen quickly
(e.g., backing out of a parking spot), so
vehicle occupants should be buckled up
anytime the vehicle is in motion. A
commenter also stated that delaying the
warning until the vehicle is in drive
mode could leave drivers unable to
ensure all passenger belts are fastened.
Delaying the warning might warrant
additional study, but if the study
suggests changing the warning timing, it
should do so for all vehicle occupants.
A commenter stated that any triggering
condition other than initiation at the
beginning of a trip when the ignition
switch is moved to the ‘‘on’’ or ‘‘start’’
position would necessitate occupant
detection.
119 Section
8.4.2.3.1.
3.4.1; Section 3.4.3.1.1.
121 Section 3.4.1.
122 Section 8.4.4.2 (R16; section 3.4.3.1.1 (Euro
NCAP).
120 Section
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However, a few commenters
suggested alternative approaches. One
commenter recommended against
requiring a warning before a driver
shifts a vehicle into drive because a
transmission-less electric vehicle can
quickly shift to drive. Requiring the
warning before the vehicle is shifted to
drive would potentially amount to a seat
belt drive interlock and potentially
delay shifting into drive. The
commenter believed this is unnecessary,
could result in driver frustrations that
diminish acceptance, and lead to hasty
detection that increases the potential for
error. Another commenter stated that
the warning would be most effective if
it were triggered when the seat is
occupied, the belt is unfastened, and the
vehicle’s power is on. Yet another
commenter stated that the triggering
condition should be vehicle unlocking
and for a period following relocking.
Finally a commenter stated that the
warning should be deactivated or
disallowed if all occupants are properly
buckled.
Agency Response
NHTSA proposes that the warning
begin when the vehicle’s ignition switch
is moved to the ‘‘on’’ or ‘‘start’’ position.
This same condition appears in the
existing driver seat belt warning
requirements and is similar to ECE R16
and Euro NCAP. We are not proposing
to follow R16 and refer to a ‘‘master
control switch’’ because we do not
believe it is necessary to introduce this
new term into FMVSS No. 208 for the
proposed amendments to the standard.
Also similar to those protocols, if the
system has occupant detection, no
warning is required for unoccupied
seats under the full-status and negativeonly compliance options. As a
commenter suggests, this would likely
lead to more effective warnings because
it mitigates false warnings and eases the
burden on the driver to reconcile what
the warning depicts with the actual
status of the rear seat passengers. We
believe basing the trigger on the ignition
switch is preferable to delaying the
warning until the vehicle is placed in
gear because the proposed requirement
would make it more likely that the
occupants fasten their belts before the
vehicle is in motion.123
With respect to the commenter on
transmission-less electric vehicles
quickly shifting to drive, the warning is
triggered by the ignition, not the
transmission gear position and would
not impede the driver from shifting to
drive. NHTSA also disagrees with the
commenter that the system would be
123 See
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triggered by the vehicle being unlocked.
This could require a warning before any
occupants had entered the vehicle, and
thus would likely not serve its purpose
of warning the driver and occupants
given the limited duration of the
warning. Such a requirement would also
not harmonize with the existing driver
belt warning system and the ECE R16
and Euro NCAP requirements.
For the negative-only system, we
propose to require a visual warning
indicating which occupied seats have an
unfastened seat belt for the required
duration or until the belts at all
occupied rear seating positions are in
use. Therefore, like the R16
requirement, if all occupied seats have
fastened seat belts no visual warning
would be required.
c. Seat Occupancy Criteria and
Interaction With Child Restraint
Systems
The negative-only and full-status
compliance options would require the
warning system to determine whether a
seat position is occupied. Because the
existing seat belt warning requirements
in FMVSS No. 208, S7.3 apply only to
the driver seat, they do not contemplate
an occupant detection system (because
driver seat occupancy could
traditionally be assumed).
There are three main detection
scenarios an occupant detection system
would be exposed to in the rear seats:
adults, teenagers, and older children of
various heights and weights; children
seated in a child restraint system (CRS);
and objects such as packages, pets, or
unoccupied CRSs. This section will
discuss how the occupant detection
capability for negative-only and fullstatus systems should perform for these
different scenarios and our proposed
weight and height criteria for
compliance testing of rear seat belt
warning systems certified to either the
negative-only or full-status compliance
options.
The ANPRM identified a need to
objectively specify when a seat is
occupied for the purposes of testing
negative-only and full-status rear seat
belt warning systems for compliance.
The ANPRM requested comment on
several options for seat occupancy
criteria based on those specified in
FMVSS No. 208 for compliance testing
of low-risk deployment and suppression
air bag systems in the presence of
children or small-stature adults. These
fall into three main categories. First,
FMVSS No. 208 specifies 1-, 3-, and 6year-old child anthropomorphic test
devices (test dummies) (weighing,
respectively, 22 lb [10 kg], 36 lb [16.3
kg], and 52 lb [23.6 kg]). Second, it
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specifies a 5th percentile female test
dummy (weighing 108 lb [50 kg]). Third,
it specifies height and weight
requirements for a child used as an
alternative for the 6-year-old child test
dummy for compliance testing of
advanced air bag systems utilizing static
suppression (weighing between 46.5 lb
and 56.5 lb [21 kg and 25.6 kg] and
between 45 in and 49 in [114 cm and
124.5 cm] tall).124
ECE R16 specifies three alternative
methods for testing rear seats with
occupant detection: placing a load of 40
kg (88 lb) on the seat; placing an object
or human representing a 5th percentile
adult female (the HIII–5F specified in 49
CFR part 572, as adjusted for the ECE
test); or an alternative method specified
by the vehicle manufacturer.125 Euro
NCAP defines occupancy as the use by
an occupant larger, taller, or heavier
than a 5th percentile female.126
The ANPRM also sought comment on
whether a rear seat belt warning would
reliably detect a child restraint system
attached by a child restraint anchorage
system, or LATCH. The intent of this
question was to determine whether a
seat belt warning system might register
a false alarm for a LATCH-installed
CRS. Neither R16 nor Euro NCAP have
requirements with respect to the
system’s interaction with LATCHinstalled CRSs.
Comments
We received a number of comments
related to seat occupancy criteria and
the detection capabilities the system
should have.
With respect to seat occupancy
criteria, several commenters supported
harmonizing with ECE R16 and/or
basing the criteria on a 5th female
dummy (88 lb–105 lb). Several
commenters suggested harmonizing
with the ECE R16 criteria. A commenter
stated that the occupant size that the
system is required to detect should not
be less than the occupant size that
would use the seat belt as the only
restraint. Another commenter stated that
for children seated in booster seats or
high-back boosters (with belt
positioning guides), the CRS often
directly utilizes the belt provided in the
vehicle. In these cases, a rear belt
reminder system may be useful for
reminding the driver to ensure the child
seated in that seating position is either
restrained or providing an alert that the
restraint status has changed during a
trip (i.e., belt became unbuckled). A
commenter recommended specifying
124 FMVSS
No. 208 S29.1(e).
18.
126 Section 3.4.1.3.
125 Annex
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the 5th percent female detection criteria
for several reasons: starting with the 5th
female would cover a large share of the
target population; belt usage is high for
children as long as they are in a CRS (so
a warning system appears less needed);
the 5th percent female includes a large
share of the teenage population; it
would harmonize with FMVSS No. 208
and international NCAP programs; and
it would result in more robust systems
with respect to false positives.
On the other hand, various
commenters recommended that the
occupancy criteria be based on children
that might reasonably be expected to use
seat belts. Two commenters suggested
that the occupancy criteria be based on
the smallest weight of a child that can
reasonably be expected to be restrained
by a seat belt rather than a CRS. One of
the commenters stated that a weight of
20 lb (9 kg) is consistent with all state
laws for CRS use. Another commenter
stated that the criteria should reflect a
minimum weight equal to that of a
Hybrid III 6-year old child (about 52 lb).
However, as noted below, commenters
believed that using weight alone was
not enough. A commenter did not agree
with criteria based on a 6-year-old, and
instead suggested the HIII 3-year-old
dummy (36 pounds, or 16 kg) as the
minimum weight threshold, stating that
this dummy’s weight roughly represents
the 95th percentile 2-year-old and the
5th percentile 5-year-old. The
commenter stated a 6-year-old was not
appropriate as nearly 60% of 4- and 5year-old children do not ride in a CRS
with a harness, so many of the most
vulnerable seat belt users (very young
children using the belt alone or in
conjunction with a booster) would fail
to trigger the alarm if unbuckled. A
commenter stated that the specifications
should represent the occupant
population at risk from non-use of rear
seat belts, and stated that NHTSA’s 2017
passenger vehicle fatality data indicates
that restraint non-use exceeds the
national average (47%) in the
population of occupants starting at age
8–12; the unrestrained percentage for
younger occupants is 36% for 4–7-yearolds and 22% for occupants less than 4
years old. A commenter suggested that
the criteria should register children that
would presumably be placed in a child
restraint system (i.e., children as young
as 4 years old). Another commenter
recommended that NHTSA’s testing
reflect the full range of body types as
well as child restraint systems that
could be present in rear seats.
We also received a variety of
comments about the detection
capabilities the system should have.
Several commenters argued that the
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system should be required to detect
CRSs. Three commenters supported
requiring LATCH detection. Two of
those commenters stated that the
reminder system should be able to
recognize when a car safety seat is
installed with LATCH instead of the
seat belt and should not activate under
those conditions in order to avoid
nuisance (false) warnings. A commenter
said that when a CRS is installed using
the lower anchors of the LATCH system,
the seat belt is typically not in use, so
a non-discerning sensor would conclude
that an unbuckled occupant is present
(because a CRS is heavy enough to be
classified as an occupant by an
occupant detection system).127 A
commenter recommended that the
occupant detection system provide a
warning if the CRS is improperly
latched.
On the other hand, several
commenters believed that the system
should not be required to detect a CRS.
Three commenters stated that the
system should not be required to detect
a CRS, with two of the commenters
noting variation in CRS designs and the
fact that neither ECE R16 nor Euro
NCAP require CRS detection
capabilities. These three commenters
opposed requiring LATCH detection
because it would provide little benefit
with significant added costs. One of the
commenters added that LATCH systems
are not typically latched/unlatched
frequently, so it is far more uncommon
to be in the unlatched state.
Additionally, as only the latch could
potentially be detected, and yet the
remaining parts of the child restraint are
unmonitored, it may give a false
assurance to the user that the child is
fully restrained. Two of the commenters
said that if this were required, the
system would need to distinguish
different types of CRS available in the
market, which would be difficult to
implement. A commenter that opposed
requiring occupant detection on buses,
commented that buses with LATCH
seats would require a detection system
capable of differentiating whether an
occupant is unbuckled or secured using
the LATCH attachments; whether an
occupant is unbuckled or secured using
the securement harness provided with
the seat; and between removed seats and
those with incorrect electrical
connections. Another commenter stated
that CRSs pose a challenge to occupant
127 Safe Ride News also appeared to suggest that
in conjunction or in the alternative, the system
should be able to be deactivated or allow the driver
to dismiss (acknowledge) the warning. NHTSA’s
tentative conclusion to not adopt these approaches
is explained in Section X.E, Resistance to
intentional and inadvertent defeat and deactivation.
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detection systems, which would need to
account for all of the different uses of
the rear seat; a false-positive warning on
a child properly restrained using the
LATCH system (who would not be
buckled in with the seat belt) could
discourage the consumer from using
LATCH.
Finally, some commenters advocated
requiring more sophisticated detection
capabilities in order to limit false
positives. Two of these commenters
suggested that the system should be able
to discern the difference between an
occupant and objects such as packages.
Another commenter said that NHTSA
should also limit false activations when
seats are occupied by child seats or
other items. A commenter stated that
NHTSA should allow for a child seat
mode that suppresses the warning.
Agency Response
As an initial matter, it is important to
understand the different types of CRSs,
how seat belts are used with them, and
the size/age of the children for which
each type of CRS is typically
appropriate.128
There are essentially three types of
CRSs: rear-facing CRSs, forward-facing
CRSs, and booster seats.129 Rear-facing
and forward-facing CRSs are child seats
that are installed using either LATCH 130
or a seat belt to secure it in place.131
Booster seats raise and position a child
so the vehicle’s lap-and-shoulder belt
fits properly.
NHTSA recommends that children
remain in a rear-facing CRS until they
reach the top height or weight limit
allowed by the CRS manufacturer.132
NHTSA also recommends that children
remain in a forward-facing car seat with
a harness and tether until they reach the
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128 All
50 states, the District of Columbia, and all
United States territories have laws requiring
children to be secured in the appropriate car seats
or booster seats for their ages and sizes while riding
in vehicles. Most states now require children to ride
in appropriate car seats or booster seats until as old
as age eight (Alaska covers children up to 15 years
old as long as they fall within their specified height
and weight criteria).
129 Within these types are CRS designs that can
be used for multiple purposes, such as convertible
CRSs that can be used as a rear-facing and forwardfacing CRS and combination CRSs that can be used
as a forward-facing CRS and booster seat.
130 Many in the child passenger safety community
refer to the child restraint anchorage system as the
‘‘LATCH’’ system, an abbreviation of the phrase
‘‘Lower Anchors and Tethers for Children.’’ The
term was developed by a group of manufacturers
and retailers for use in educating consumers on the
availability and use of the anchorage system and for
marketing purposes.
131 Some boosters can also be secured to the seat
with LATCH so that it stays in place when in use
and not in use.
132 For the NHTSA recommendations discussed
here, see https://www.nhtsa.gov/equipment/carseats-and-booster-seats (last accessed Apr. 7, 2022).
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top height or weight limit allowed by
the car seat’s manufacturer. Most
forward-facing CRS are rated for
children up to 49 in (124 cm) and 65 lb
(29 kg).133 Once a child outgrows the
forward-facing car seat with a harness,
the child can travel in a booster seat and
use a seat belt. NHTSA identifies an age
range of 4–7 years old for when this
transition to a booster typically occurs,
depending on the height and weight of
the child and the respective limits of
their forward-facing car seat. Once a
child outgrows the booster seat they can
sit directly in the seat and use the seat
belt alone; NHTSA identifies an age
range of eight to thirteen and older for
when this typically occurs.
In the remainder of this section we
discuss, first, the proposed weight and
height criteria NHTSA proposes to use
in compliance testing of rear seat belt
warning systems certified to the
negative-only or full-status compliance
options and, second, what ability (if
any) such systems should have to detect
a CRS.
Weight and Height Criteria
NHTSA believes the rear seat belt
warning system should be able to detect
an occupant that should be restrained
with a seat belt alone and provide seat
belt use information to the driver that is
appropriate for that type of system. This
target population is comprised of adults,
teenagers, and children in booster seats.
Children in booster seats are part of the
target population because they should
be restrained with the seat belt and so
would benefit from a seat belt reminder.
As mentioned above, the transition to a
booster seat typically occurs from ages
4–7 years. Children in rear-facing and
forward-facing CRSs are not part of the
target population because these children
are restrained by the CRS harness, not
the seat belt. The intent of the reminder
is not to warn of CRS misuse, but to
warn of occupants not restrained by a
belt alone.
Accordingly, we are proposing that a
rear designated seating position would
be considered ‘‘occupied’’ when an
occupant who weighs at least 46.5 lb (21
kg), and is at least 45 in (114 cm) tall,
is seated there. These criteria are
proxies for a six-year-old child, which
roughly corresponds to a typical age at
which a child would transition from a
forward-facing CRS to a booster seat. We
have taken these criteria from FMVSS
No. 208, which uses them to specify the
smallest child that may be used as an
alternative to the 6-year-old dummy in
133 See https://www.healthychildren.org/English/
safety-prevention/on-the-go/Pages/Car-Safety-SeatsProduct-Listing.aspx.
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static suppression tests under FMVSS
No. 208. The proposed test does not
specify the use of a booster seat because
we are aware that children can be
prematurely transitioned to a seat belt
without the use of a booster,134 and we
believe it is desirable to test the lower
end of the possible weight range that
encompasses children that could
conceivably be restrained with a seat
belt alone. As we explain below in
Section XII.B, Test Procedures, the
agency proposes using either a person or
any anthropomorphic test device
specified in part 572 that meets these
proposed weight and height criteria.135
These criteria specify a smaller
occupant than does R16. We tentatively
believe that harmonizing with R16 and
using a heavier dummy would not
capture the child segment of the
population that is in booster seats; that
is, seat belt use may occur for occupants
smaller than the criteria specified by
R16. We also do not believe it is
necessary to use a larger-size occupant
because a system capable of recognizing
a six-year-old should also be capable of
recognizing larger occupants.
At the same time, we tentatively
believe that the proposed criteria are
preferable to criteria reflecting a
younger occupant (lower weight). The
smallest dummy that would meet the
proposed weight and height criteria is
the 6-year-old dummy specified in part
572. The next smallest dummy
represents a 3-year-old child (i.e., the
Hybrid III three-year-old), but we
believe it would not be appropriate to
specify the use of the 3-year-old because
a child represented by this ATD should
be seated in a forward- or rear-facing
CRS, not a booster seat.
Ability of the System To Detect a CRS
NHTSA also does not propose to
require any sort of CRS detection
capabilities at this time.
We tentatively believe that a forwardor rear-facing CRS installed with the
seat belt would not cause problematic
false warnings; rather it would just
register the CRS as a buckled passenger.
Similarly, we believe that a forwardor rear-facing CRS installed with
LATCH would not pose issues
necessitating any specific requirements
related to the LATCH system, such as
LATCH sensors. There are a few reasons
for this. First, we do not believe
134 About 16.6 percent of children 4 to 7 years old
were prematurely transitioned to seat belts in the
‘‘2019 National Survey of the Use of Booster Seats’’
(DOT HS 813 033).
135 For anthropomorphic test devices, this would
include the 50th percentile male, 5th percentile
female, and the 6-year-old and 10-year-old child
dummies.
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LATCH-installed CRSs would lead to
false warnings or driver confusion about
the belt status of any rear occupants,
because NHTSA recommends buckling
unused seat belts that are within reach
of children to prevent seat belt
entanglement and/or strangulation.136
This includes, for forward- or rearfacing CRSs installed with LATCH,
buckling the unused belt behind the
CRS. (Fastening the unused seat belt
behind the CRS when installing a CRS
with LATCH should not be mistaken for
installing a CRS with both the seat belt
and LATCH; a CRS installed with
LATCH is not also installed with the
seat belt unless it is approved by both
the car seat and vehicle manufacturers.)
If users follow NHTSA’s
recommendation and buckle the belt
behind the CRS, the positive-only
system would simply consider those
belts to be fastened, and the negativeand full-status systems would not
register a false warning. If the belt is not
buckled as NHTSA recommends, with a
positive-only system, the driver would
simply see that there were no buckled
belts, so there would be no false
warnings. For the negative-only and
full-status systems (which utilize
occupant detection), the system could
register the child in the CRS as an
occupant depending on the weight of
the child and CRS. We are aware of at
least one vehicle manufacturer that uses
occupant detection for its rear seat belt
warnings and it recommends fastening
the unused seat belt if the CRS is
installed with LATCH to avoid such a
false warning. (In the owner’s manual
section of this preamble we seek
comment on including such guidance in
the owner’s manual, which includes
information provided by the vehicle
manufacturer to the consumer, whether
in digital or printed form.) Again, if the
belt is not buckled as NHTSA
recommends, the driver would need to
take these facts into account when
comparing the number of rear seat
occupants against how many or which
rear seat belts are reported to be in use
by the warning system. Second, we are
not proposing to require a warning for
CRSs improperly attached to the LATCH
because the focus of this rulemaking is
on providing a seat belt warning, not on
providing warnings for improperly
installed LATCH child seats. Third, this
approach is consistent with ECE R16
and Euro NCAP, neither of which have
provisions for addressing LATCHinstalled child restraints. Finally,
136 https://www.nhtsa.gov/road-safety/childsafety.
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requiring LATCH sensors would add
extra complexity and cost.
We also do not believe a booster seat
would present any special challenges to
a seat belt warning system. If an
(un)belted child is in a booster seat, the
system would register the belt as not
(un)fastened and (if equipped with
occupant detection) that the seat was
occupied. This would not necessitate
the system to specifically detect the
booster seat because the performance
criteria are weight-based. In addition,
we would not expect an occupant
detection system to provide a false
warning for an unoccupied booster seat
because the proposed seat occupancy
criteria (roughly equivalent to a 6-yearold) is heavier than an unoccupied
booster seat.
We are also not proposing to require
more sophisticated features to test how
well the system avoids false positives—
e.g., the ability of the system to
distinguish packages or pets from
occupants or a child seat mode. A
detection system that can differentiate
between cargo and occupants would
require additional sensor technology in
comparison to a weight-based sensor
and would be more costly. This issue
can be mitigated by moving the cargo to
the floor or trunk of the vehicle or by
buckling the unused belt and would not
be an issue for the positive-only
compliance option. Tesla’s ‘‘child seat
mode’’ allows the driver to acknowledge
the warning triggered by a CRS installed
with LATCH for that trip. With respect
to Tesla’s comment regarding a child
seat mode, neither ECE R16 nor Euro
NCAP contemplate this and we are not
aware of other manufacturers that have
employed this feature. Given that a
child seat mode feature could be used
to circumvent the warning (i.e., a belt
use warning could be prevented or
dismissed by use of the child seat
mode), and the limited information
NHTSA has on it, we have tentatively
decided not to permit this feature.
We seek comment on all these issues.
d. Minimum Duration
The ANPRM also sought comment on
the minimum duration of the warning.
NHTSA’s front seat belt warning
research suggests that longer-duration
warnings are more effective, but also
more annoying.137 The current driver’s
seat belt visual warning in FMVSS No.
208 is required to last at least 60
seconds under the second compliance
option in FMVSS No. 208, S7.3(a)(2).
Both R16 and Euro NCAP specify a 60second visual warning (which may end
137 DOT
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61695
sooner if the belt is fastened or the seat
becomes unoccupied).
Comments
Many commenters recommended
harmonizing with R16 and adopting 60
seconds.138
A few commenters advocated a longer
warning. Two commenters
recommended the warning should last
until all occupants are buckled. One
commenter said that systems with long
single-cycle durations and those that
cycle audible/visual reminders
throughout the entirety of the drive are
more effective than systems that cycle
for a limited number of times.139
Another commenter said that the
visual warning duration should be
based on evidence of effectiveness while
maintaining a balance with annoyance.
Agency Response
NHTSA is proposing that the warning
last for at least 60 seconds. We believe
that 60 seconds is sufficient to capture
the driver’s attention, and that a longer
warning would have the potential to
become distracting or a nuisance.140
This would be a shorter warning than
we are proposing for the front outboard
seats (see Section XI.C). There are a
couple of reasons for our tentative
decision that a shorter warning is
warranted for the rear seats. First, we
are not proposing to require occupant
detection for the rear seat belt warning
system; the positive-only compliance
option would require that the driver be
informed of which rear seat belts are
fastened. This type of ‘‘warning’’
functions more to provide information
to the driver, rather than a true warning
(because it will be providing
information to the driver even if all rear
occupants have fastened their seat
belts), so we tentatively think that it is
not necessary to require that this be
particularly long-lasting. Second, and
related, even for the compliance options
that would entail occupant detection,
the complexities of occupant detection
in the rear seats and the possibilities for
false positives provide another reason
for not requiring an extremely longlasting warning. Manufacturers would
be free to provide a longer warning if
they wished. The proposed compliance
138 Global suggested not adopting the Euro NCAP
duration requirement (90 seconds) because the
warning must balance effectiveness and consumer
acceptance, but NHTSA understands the Euro
NCAP minimum duration to be 60 seconds.
139 NSC cited an IIHS study finding that an
indefinite reminder and a 100 second constant
reminder increased seat belt use by 30–34 percent
over an intermittent reminder.
140 We are also proposing that these visual
displays should not be overridden by other visual
warnings for the required duration.
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options requiring occupant detection
would not require a warning for
occupants with fastened belts.
This is consistent with ECE R16 and
Euro NCAP and with systems currently
deployed in the United States. Our
preliminary analysis found that, of the
15 manufacturers that provide vehicle
models with a rear seat belt warning
system in the United States, 8 appear to
provide systems with initial visual
warnings that are active for at least 60
seconds. An additional three
manufacturers appear to provide visual
warnings until the seat belt is fastened.
2. Audio-Visual Change-of-Status
Warning
The ANPRM sought comment on
requiring a change-of-status warning for
when a fastened seat belt is unfastened,
including an audio-visual change-ofstatus warning. We also sought
comment with respect to potential
requirements for an audible warning,
including the duration of the warning
and whether NHTSA should specify
additional warning characteristics (such
as sound level).
R16 specifies an audio-visual changeof-status warning for the rear seats. If a
fastened rear belt becomes unfastened
when the vehicle is in ‘‘normal
operation,’’ 141 R16 specifies an audiovisual warning (second level) when
certain distance, time and/or speed
threshold(s) (at the choice of the
manufacturer) are exceeded.142 The
additional thresholds are distance
traveled (not to exceed 500 meters),
vehicle speed (not to exceed 25 km/h,
and/or travel time (not to exceed 60
sec). This warning must last for at least
30 seconds unless the unfastened belt
becomes fastened, the seat associated
with the unfastened belt is no longer
occupied, or the vehicle is no longer in
normal operation.143 This warning may
not be canceled by the driver.
Euro NCAP also requires (in order to
earn bonus points) an audio-visual
change-of-status warning at vehicle
speeds of 25 km/h and above.144 If the
change-of-status occurs below 25 km/h
and no doors are opened, the signal may
be delayed until the vehicle has been in
forward motion for 500 meters or has
reached a forward speed of 25 km/h.145
A warning is not required if the system
has occupant detection as long as all
doors remain closed and the number of
141 Defined as forward motion at a speed greater
than 10 km/h. § 2.47.
142 Section 8.4.4.5.
143 These summaries simplify the requirements
somewhat. They will be discussed in greater detail
later in the preamble where relevant.
144 Section 3.4.1.5.
145 Section 3.4.1.5.
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buckled positions remains the same, in
order to minimize the number of false
positives (e.g., children remaining in the
vehicle but swapping seats in the rear
while at a traffic light).146 The warning
duration differs for the visual and
audible warnings. With respect to the
visual warning, if the system does not
have occupant detection, the warning
must last until the seat belt is fastened
or 60 seconds have elapsed.147 If the
system does have occupant detection,
the signal must remain on until the belt
is fastened. The audible warning must
last until the belt is fastened,148 30
seconds have elapsed,149 or the vehicle
speed falls below 10 km/h.150
Comments
Many commenters specifically
supported requiring an audio-visual
change-of-status warning. One
commenter cited a survey of adult
passengers who do not routinely use a
seat belt in the rear in which 62% of
respondents said they would be more
likely to use a seat belt if there was an
audible warning compared with only
50% who said the same about a visual
warning.
With respect to the triggers for the
warning, two commenters stated that a
change-of-status warning should
activate regardless of the speed.
Several comments also discussed the
duration of an audible alert. Several
commenters recommended harmonizing
with the 30 seconds required by R16.
Other commenters argued for a longer
audible warning, including: 60 seconds,
90 seconds, and until all occupants are
buckled. One comment noted that
audio-visual warnings that continue to
cycle throughout the drive are more
effective than limited-duration
warnings. Another commenter
recommended consistency with existing
FMVSS No. 208 audible warning
systems for front occupants.
Commenters stated that the duration
should be based on evidence of
effectiveness while maintaining a
balance with annoyance. A commenter
stated that, while information about the
effect of an audio-visual rear seat belt
warning on rear seat belt use is sparse,
research on front seat belt warning
systems suggests that an audio-visual
146 Section
3.4.1.5.
3.4.3.1.1.
148 Section 3.4.1.6.
149 Section 3.4.3.2.
150 Section 3.4.1.6. The audio signal must resume
when the speed goes above 25 km/h and no doors
have been opened and the seat belt(s) remain
unbuckled. In addition, the audible signal may
instead meet the requirements for the front seating
positions, if the vehicle is equipped with occupant
detection.
147 Section
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warning lasting longer than 8 seconds
would be expected to motivate an
unbelted rear occupant to refasten the
seat belt.
With respect to other warning
characteristics, three commenters
recommended that the audible warning
be heard throughout the vehicle. A
commenter suggested following R16’s
requirement that the warning ‘‘consist of
a continuous or an intermittent (pauses
shall not exceed 1 second) sound signal
or of continuous vocal information.’’ 151
Two commenters said that specifying
additional audible warning
characteristics would be burdensome
and unnecessary. A commenter said that
there should be a balance of the sound
level so that consumers would accept
and react positively to the warning, and
suggested it be the same as that for the
driver. Another commenter
recommended that the audible warning
specification be based on evidence of
effectiveness and suggested that
maintaining consistency with other seat
belt warning signals would be desirable.
A commenter recommended
consistency with existing FMVSS No.
208 audible warning systems for front
occupants. And yet another commenter
recommended a warning that is
enhanced but does not rattle the driver.
Agency Response
The agency proposes to require an
audio-visual warning when a rear seat
belt is unbuckled during a trip. We
propose that when the vehicle’s ignition
switch is in the ‘‘on’’ or ‘‘start’’ position,
the vehicle’s transmission selector is in
a forward or reverse gear, and a rear seat
belt in use changes to not being in use,
the vehicle must activate a continuous
or flashing visual warning consisting of
icons 152 or text visible to the driver, as
well as a continuous or intermittent
audible signal for a period of not less
than 30 seconds, beginning when a seat
belt in use changes to not being in use.
The warnings could cut off sooner if the
belt is refastened before the minimum
time limit has been reached. Comments
from vehicle manufacturers were largely
in support of harmonizing with the ECE
R16 requirements, and the proposed
requirements are comparable to the
change-of-status warnings on vehicles
currently equipped with rear seat belt
warnings. For example, Volvo vehicles
provide an audio-visual warning lasting
until the belt is refastened.
We believe this warning will be an
effective way to reduce the risk of injury
151 Section
8.4.2.2.1.
the proposed regulatory text, we use the
term ‘‘symbol’’ instead of ‘‘icon’’ in order to be
consistent with the current usage in FMVSS Nos.
101 and 208.
152 In
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to rear seat occupants by alerting the
driver when a passenger unbuckles
during a trip. NHTSA’s 2015 consumer
survey found that a change-of-status
warning is effective in getting
passengers to refasten their seat belt.153
This may be an especially beneficial
feature for drivers transporting children
in the back seat. Such a warning may
reduce the risk of injury to children by
alerting the driver that a child has
unbuckled his or her seat belt, providing
the driver an opportunity to direct the
child to re-buckle the belt. Fifty-five
percent of the drivers surveyed by
NHTSA who transport children in the
rear seat and who said their children do
not always use seat belts, have had the
experience of their child unbuckling
during a trip.154
The proposed requirements follow
ECE R16 and Euro NCAP in that both of
those protocols include an audio-visual
rear belt change-of-status warning with
specified trigger criteria.155 We
tentatively agree with a commenter that
a duration longer than 8 seconds is
warranted because it will be more
effective and believe that a 30-second
minimum duration appropriately
balances effectiveness and acceptance.
We note that this is shorter than the
duration we are proposing for the
change-of-status warning for the front
outboard seats (until the belt is refastened—see Section XI.C.2) because
we tentatively believe that a longer
warning for the rear seats is more likely
to lead to driver distraction, especially
with children in the rear seats.
The proposal differs from R16 and
Euro NCAP in a few ways:
• Triggers. The warning would be
required as long as the ignition is on
and the transmission selector is in the
drive or reverse position, with no
additional thresholds or triggers, such as
the vehicle having to reach a forward
speed of 25 km/h. We tentatively
believe this departure from R16 and
Euro NCAP is justified. Seat belts
provide a safety benefit even at lower
speeds, and regardless of the direction
of motion. We also believe a warning
would be beneficial even if the vehicle
is not moving. A driver may want to
know if any rear seat occupants—
especially children—have been
153 Paul Schroeder & Melanie Wilbur. 2015.
Survey of Principal Drivers of Vehicles with a Rear
Seat Belt Reminder System. Washington, DC:
National Highway Traffic Safety Administration,
[Found in the docket for this ANPRM.]
154 Id. at 10. This percentage is based on a fairly
small number (15) of drivers who reported that their
children do not always use seat belts.
155 Features of the change-of-status warning that
are common with the start of trip warning—for
example, the telltale characteristics—are discussed
later in the preamble.
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unbuckled while the vehicle is
temporarily stopped (e.g., at a traffic
light) or slowed (e.g., in a parking lot),
because the vehicle could soon be
resuming travel. In addition, providing
a warning when the vehicle is stationary
would allow the driver to attend to the
unbuckled passengers before having to
focus attention on the driving task. We
similarly believe that a warning would
be useful before the vehicle has reached
any distance or trip time threshold. We
do not adopt the Euro NCAP allowance
for not requiring a change-of-status
warning when all doors remain closed
and the number of buckled positions
remains the same because this would
require a delay in the activation of the
change-of-status warning; also, these
types of events are likely limited and
require very little time so exposure to
the warning would be very limited. We
do, however, adopt the Euro NCAP
requirement that if a change-of-status
occurs and a door is open, the system
should consider that as the start of a
new trip. This would allow for
passengers to exit the vehicle when the
driver does not shift into the park gear
without activating the change-of-status
warning for the full duration
requirement.
• Duration. The proposed 30-second
duration harmonizes with ECE R16
(though it is shorter than the 60-second
duration for the visual signal specified
in Euro NCAP, but consistent with the
30-second duration for the audible
signal). We propose that the audible
signal may be ‘‘intermittent’’ (i.e., not
continuous), which mirrors the
longstanding requirements for the
driver’s seat belt warning. ECE R16 156
and Euro NCAP 157 do not count periods
in which the warning stops for longer
than 3 seconds as part of the overall
duration, and we have tentatively
decided to propose a similar
requirement for the rear audible changeof-status warning. (In contrast, we are
specifying additional signal
characteristics for the front seat belt
change-of-status warning because we are
proposing to require a longer duration
for that warning. This is discussed in
Section XI.C.2)
• Audible warning characteristics.
ECE R16 specifies that for intermittent
audible warnings, the pauses shall not
exceed 1 second, and that gaps longer
than 3 seconds would not count toward
the required 30 second duration. Euro
NCAP specifies that there must be no
gaps greater than 10 seconds, and that
gaps longer than 3 seconds would also
not count toward their required
156 Section
157 Section
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3.4.3.2.3.
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duration. We have tentatively decided
to propose a requirement that specifies
that periods of time when the audible
warning is not active for longer than 3
seconds would not count toward the
required 30 second duration. Given the
very limited duration of the rear seat
change-of-status audible warning for the
rear seats we believe this is a sufficient
constraint for achieving an adequate
warning. We have not further specified
audible warning characteristics, such as
volume or tone, in order to provide
manufacturers design flexibility. The
standard has required an audible
driver’s seat belt warning with no
additional audible warning
requirements since the early 1970s, so
we believe manufacturers are familiar
with designing and implementing
optimal audible seat belt warnings. As
mentioned above, we are specifying
additional signal characteristics for the
front seat belt change-of-status warning
because we are proposing to require an
indefinite duration for that warning,
which requires more thought about the
warning characteristics to mitigate the
use of ineffective audible warnings (See
Section XI.C.2).
We seek comment on all aspects of
the proposed change-of-status warning.
Are there situations when the warning
at a low speed would result in an
unnecessary or unwanted warning, and
how frequently would such situations
occur? Are any of the deviations from
R16 and/or Euro NCAP unwarranted,
and what is the basis for such a
conclusion? We acknowledge that the
proposed requirements may still trigger
the change-of-status warning for a short
period of time until a door is opened
when a passenger exits the vehicle and
the vehicle is not in the park gear;
however, we believe exposure to a very
limited warning in these scenarios is
necessary in order to capture other
change-of-status events that occur when
a vehicle is stopped but not in the park
gear. We seek comment on how vehicle
manufacturers are currently handling
(e.g., what type of warning if any is
provided) rear seat change-of-status
events that occur when the vehicle is
stopped, but not in the park gear, or at
low speeds (e.g., what type of warning,
if any, is provided when passengers exit
the vehicle without the vehicle being in
the park gear)? As will be discussed
later, we are proposing that the changeof-status warning for the front outboard
seats be active until the seat belt that
triggered the warning is refastened, so
we seek comment on whether the
proposed limited duration change-ofstatus warning for the rear seats should
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also be required to last indefinitely until
the rear seat belt is refastened.
3. Telltale Location
A seat belt warning can function by
alerting the driver that a rear seat belt
is unbuckled, leaving it to the driver to
request the rear passenger to buckle up.
However, many other strategies are
possible. For example, in addition to
warning the driver, the front seat
passenger could also be warned on the
premise that, if the driver was occupied
by other matters, the front seat
passenger could direct the rear seat
passengers to buckle up. Another
strategy could be to warn the rear
passenger(s) directly that their belt is
unbuckled. Finally, in addition to
warning the rear passenger(s), the driver
and/or the front passenger could be
warned. Some research suggests that
having the warning visible to the
unbelted occupant may increase
effectiveness.158
ECE R16 requires that the visual
warning be visible to the driver when
they are facing forward,159 and Euro
NCAP similarly requires that the visual
signal be clearly visible to the driver
without the need for the head to be
moved from the normal driving
position.160
Comments
Most commenters recommended that
the signal be visible to the driver, while
one suggested the signal be visible to the
rear seat passengers to avoid relying on
the driver to enforce belt use, especially
as rear-seat occupancy increases due to
the increased use of for-hire vehicles
(and, possibly at some time in the
future, autonomous vehicles).
Another commenter stated that it is
impractical to provide a warning to rear
passengers on buses due to wiring costs,
customization, and FMVSS No. 222
requirements for head impact
performance (for school buses).
Agency Response
We agree with the majority of
commenters and propose that the
warning signal be visible to the driver.
Although some research may suggest
that having the warning visible to the
unbelted occupant may increase
effectiveness, we tentatively believe that
the increased cost, complexity, and redesign such a requirement would entail
would not be justified. However,
manufacturers would have the
flexibility to place the visual warning
where it would be seen by some or all
rear seat occupants. In Section XII.C we
discuss the implications of the telltale
location as it relates to automated
vehicles.
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telltale symbol.172 R16 also appears to
The rear reminder requirements in
ECE R16 mirror the FMVSS driver’s
require a visual warning that depicts all
warning requirements in several
the rear seating positions.173
respects: the telltale may be flashing or
Euro NCAP specifies that as soon as
steady; 169 it must be recognizable in the the audible part of the seat belt
daylight and at nighttime and
reminder signal starts, the visual signal
distinguishable from other alerts; 170 and
needs to flash and be synchronized with
171
there are no color requirements.
the audible part.174
However, R16 differs from the FMVSS
requirements in that there is no required
158 DOT
2007 Acceptability Study, supra n.78.
8.4.2.1.1.
160 Section 3.4.1.1.
161 FMVSS No. 208 S7.3(a) and FMVSS No. 101,
table 2.
162 FMVSS No. 208 S7.3; FMVSS No. 101 S5.1.2.
163 FMVSS No. 101, S5.3.3(a).
164 See Table 2.
165 S5.5.2. These are: air bag malfunction, low tire
pressure, electronic stability control malfunction,
passenger air bag off, high beam, turn signal, and
159 Section
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any brake system malfunction required by table 1
to be red.
166 See FMVSS No. 101 S4 (‘‘Common space’’ is
‘‘an area on which more than one telltale, indicator,
identifier, or other message may be displayed, but
not simultaneously’’).
167 FMVSS No. 101, S5.5.5.
168 FMVSS No. 101, S5.2.3.
169 Section 8.4.2.1.2.
170 Section 8.4.2.1.1.
171 Section 8.4.4.3.
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4. Telltale Characteristics
The ANPRM sought comment on
whether we should propose
requirements for telltale characteristics
such as color and required text.
For the current driver’s seat belt
warning, FMVSS No. 208 requires a
continuous or flashing warning light
displaying (at the choice of the
manufacturer) either the telltale
specified in FMVSS No. 101 (see Figure
2) or the words ‘‘Fasten Seat Belts’’ or
‘‘Fasten Belts.’’ 161 The telltale must be
visible to the driver 162 in both daytime
and nighttime.163 There are no color or
illumination requirements for the
telltale.164 The seat belt telltale may
share a common space with other
telltales except several specific telltales
identified in FMVSS No. 101.165
Telltales in the same common space,
however, may not be displayed
simultaneously.166 The seat belt telltale
must displace any other symbol or
message in that common space while
the underlying condition for the
telltale’s activation exists.167
Supplementary symbols or words may
be used in conjunction with the
required telltale or words.168
Figure 2—Seat Belt Telltale From
FMVSS No. 101
Comments
Several commenters favored
standardized warnings. Two
commenters stated that standardized
telltales would help drivers recognize
the icons when driving different/
multiple vehicles (rentals, etc.).
In contrast, other commenters urged
NHTSA to provide manufacturers with
172 Section 8.4.4.3. A common telltale may be
used for both the front and rear seat belt reminders.
Section 8.4.4.4. The front reminder is required to
utilize the symbol specified in Regulation 121,
which is the same symbol specified in FMVSS No.
101 and depicted in Figure 2.
173 Section 8.4.4.2 (‘‘The visual warning shall
indicate at least al rear seating positions to allow
the driver to identify, while facing forward as
seated on the driver seat, any seating position in
which the safety-belt is unfastened.’’).
174 Section 3.4.1.1.
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flexibility and not require a specific
telltale. Two commenters specifically
suggested harmonizing with ECE R16, in
addition to the many commenters who
generally urged harmonization with
R16. A commenter requested flexibility
to choose the indication method for
each seating position, such as a telltale
or a graphic or rendering of the vehicle
seating positions in a more advanced
display screen.175 Another commenter
urged NHTSA to defer regulatory action
on the establishment of a specific
symbol and simply require that any
telltale provided be communicated in
the owner’s manual because additional
research is needed to determine which
approaches may be most effective in
communicating reminder status for a
particular row or specific designated
seating position, and emphasized its
belief that NHTSA should not mandate
specific indicators or display
characteristics in order to provide OEMs
with flexibility. Two commenters
similarly suggested allowing the
telltales for the rear seat belt reminder
to differ (e.g., different colors, symbols)
from those currently used for the front.
On the other hand, some commenters
did not oppose requiring use of the
current driver’s seat belt telltale. A
commenter said that a typical approach
for rear seat belt warnings is to include
a separate area on the instrument panel
for separate telltale(s) for the rear
seating position. These telltales could be
specific to the actual seating position to
inform the driver of the actual position
that is buckled or unbuckled.
A commenter said that the rear seat
warning system should be coordinated
with the driver warning, and that an
ideal approach would be to provide a
pictogram of the vehicle that has icons
showing the seat belt status for each
seating position. The commenter
suggested this dashboard image could
be combined with the door-ajar image,
and it could even be enhanced to
indicate whether a door’s child safety
lock feature is engaged. Similarly, a
commenter stated that the warning
should convey the location of each
unbuckled occupant (negative-only
system for which occupant detection
would be necessary).
175 Honda’s comment seems ambiguous. It urges
harmonization with R16, which does not require a
specific telltale, but also states that the existing seat
belt telltale in FMVSS No. 101 is a universallyrecognized warning that can be used to provide a
consistent link to additional seat belt information,
and advocates using the FMVSS No. 101 telltale as
a ‘‘baseline warning’’ to ensure that an active safety
belt warning continues to be provided if an
additional seat belt warning visual display needs to
give priority to a more important safety warning.
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Agency Response
We are proposing that the visual
warning be continuous or flashing and
consist of icons or text and indicate how
many or which rear seat belts are in use
or not in use depending on the type of
warning system. If icons are used to
indicate how many or which rear belts
are in use, we propose that icon(s) must
be green; if icons are used to indicate to
the driver how many or which belts are
not in use, we propose that the icon(s)
be red. If text is used to indicate to the
driver how many or which rear seat
belts are in use or not in use, we
propose that the text contain the words
‘‘rear belt(s) in use’’ or ‘‘rear belt(s) not
in use.’’ We also propose to amend table
2 in FMVSS No. 101, Controls and
displays, to clarify that the ‘‘Seat Belt
Unfastened Telltale’’ depicted there
does not apply to the rear seat belt
reminder. We also propose to amend
able 1 in FMVSS No. 101 by adding in
a row for the proposed rear seat belt
warning. We agree with the merits of
standardized warnings, but also seek to
provide manufacturers flexibility to
address their vehicle designs.
The requirement that the visual
warning be continuous or flashing
mirrors the current driver’s seat belt
visual warning requirement and is also
consistent with R16. However, we
propose to depart from the current
driver’s warning and from R16 and
standardize the color of the icons and
text for the warnings to increase the
likelihood that consumers would notice,
recognize, and respond to the warnings.
We believe that standardized colors and
text will facilitate the interpretation of
the signal. We are departing from the
current driver’s warning requirements
and following R16 by not requiring
specific icons because we believe the
choice of icons would largely depend on
whether the system displayed the
number of seat belts in use or which
seat belts are in use; this NPRM
provides manufacturers flexibility in
choosing which icons to use.
Another difference between the
proposal and R16 is that R16 requires
that the visual warning ‘‘indicate at least
all rear seating positions.’’ We
understand this to mean that the visual
warning must depict all the rear seating
positions. For instance, on some
vehicles, Peugeot employs a visual
warning that uses a schematic of the
whole vehicle to indicate seat belt nonuse or change-of-status for each seating
position.176 Another manufacturer,
Cupra, uses a visual warning, on some
176 https://public.servicebox.peugeot.com/APddb/
modeles/3008/eGuide_ed02-16/pdfs/
9999_9999_091_en-GB.pdf, pg. 144.
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61699
of its European vehicles, which depicts
the status of all the seat belts in the rear
seats without using a schematic of the
whole vehicle.177
In order to give manufacturers design
flexibility, we do not propose to require
that the warning depict all rear seating
positions. Our proposed requirements
would allow the visual warning to
consist of text or icons indicating how
many or which rear seats are fastened or
unfastened. For example, the warning
text might consist of ‘‘Middle and Right
rear seat belts fastened.’’ Another visual
warning option would be the seat belt
icon with an adjacent numeral
indicating the number of rear seat belts
fastened. Accordingly, the proposal
would allow, but not require, use of a
pictogram as recommended by Safe Ride
News. We are not requiring this because
we believe it would be difficult to
implement on vehicles such as
passenger vans with many rear seats.
(We also note that R16, which requires
the visual warning to indicate all rear
seats, does not apply to vehicles that
transport more than eight passengers.)
We acknowledge that vehicles with a
larger number of rear seats, such as
passenger vans/buses, may encounter
visual signal complexities; however, we
are not dictating specific types of signals
in the proposed requirements in order to
ensure manufacturers have adequate
flexibility to address these types of
issues. We think these vehicles, in
particular, would benefit from the
option to indicate how many rear seats
are fastened.
We seek comment on all of these
issues, including the type of visual
warnings that rear seat belt reminder
systems employ currently or may
employ in the future. We also seek
comment on whether we should
consider further aligning with R16 by
requiring the visual warning to indicate
all rear seating positions, which features
of a visual warning would be
appropriate for buses, and whether any
further amendments to FMVSS No. 101
are necessary (e.g., the common space
requirements in S5.5).
5. Belt Use Criteria
The ANPRM sought comment on
whether NHTSA should retain, for a
rear seat belt warning, the criteria used
for the current driver’s seat belt warning
to determine if the occupant is belted.
The current driver’s belt warning
requirements specify that a belt is ‘‘not
in use’’ when, at the option of the
177 https://www.cupraofficial.com/content/dam/
public/cupra-website/owners/cupra-car-modelmanuals/brochures/
CUPRA_FORMENTOR_06_21_EN.pdf, pg. 17.
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manufacturer, either the seat belt latch
mechanism is not fastened or the belt is
not extended at least 10.16 centimeters
(cm) (4 inches (in)) from its stowed
position.178
ECE R16 defines an ‘‘unfastened’’ belt
to mean ‘‘either the safety-belt buckle of
any occupant is not engaged or the
length of the pulled out webbing is less
than the length of the webbing which is
needed to buckle an un-occupied seat in
the rear most seating position.’’ 179 Euro
NCAP does not specify a webbing spoolout criteria, and only refers to the status
of the belt buckle.
ddrumheller on DSK120RN23PROD with PROPOSALS2
Comments
Three commenters supported using
the existing FMVSS No. 208 criteria.
A commenter suggested harmonizing
with ECE R16, regardless of the type of
system, in order to provide flexibility
for vehicles that may have different
characteristics with respect to rear row
seating positions; for example, for rear
seats that can be removed from a
vehicle, providing an option whereby
belt spooling can be used as an
alternative to buckle latching may
reduce challenges associated with any
electrical connections that might be
otherwise needed to provide
functionality.
Other commenters suggested using
different belt use criteria considering
the wide range of possible occupants,
devices (e.g., car seats), and objects in
rear seats, but did not offer possible
solutions. One commenter stated that
any seat belt use criteria should take
into account whether a bypass system
for CRS installation would be employed
to prevent false warnings caused by
using the lower anchors. Another
commenter stated that the prolific use of
LATCH seats and integrated child seats
on buses will necessitate an alternate
means of seat belt use detection.
Agency Response
The current FMVSS No. 208 belt use
criteria for the driver’s seat belt warning
requirements have been in place since
1974 and allow for the use of a belt latch
or spool-out sensor. While these criteria
would be effective for determining belt
use for the initial seat belt warning, we
believe the use of a spool-out sensor
would not allow for an objective or
reliable criterion for the proposed
change-of-status warning. There may be
instances where the webbing may not
readily spool back in when the seat belt
is unbuckled (e.g., due to the use of
shoulder belt routing features or the use
178 S7.3(c). These are the definitions for manual
belts. For automatic belts, see infra Section XII.A.
179 Section 2.46.
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of a belt positioning booster seat), and
thus would not reliably trigger the
change-of-status warning. Therefore, we
are proposing amending the belt use
criteria in FMVSS No. 208, for the seat
belt warning requirements, to rely on
the use of a belt latch sensor, and not
provide requirements that would
accommodate the use of a spool-out
sensor. We believe this is consistent
with Euro NCAP. We invite comment on
this tentative decision to not
accommodate the use of spool-out
sensors for the belt use criterion and
request any data on the prevalence of
the use of spool-out sensors in the fleet.
Concerns about false alarms triggered
by LATCH use for the installation of
child restraints are already addressed by
the simple approach, in line with
NHTSA’s recommendations, that
parents and caregivers fasten and lock
the unused seat belts for the seat where
the child restraint is being installed.
This is an already existing agency
recommendation to prevent seat belt
entanglement and would prevent false
warnings related to LATCH use.
6. Electrical Connections
In the ANPRM, we explained that a
rear seat belt warning system might
require an electrical connection between
the seat and the vehicle to relay the
information gathered by a belt latch or
webbing spool-out sensor to the rest of
the warning system. A rear-belt warning
system may therefore, as several
commenters to the RFC noted,180
present potential wiring complexities,
particularly in vehicles with removable,
folding, rotating, or stowable seats.
These types of seats might present an
issue for a rear seat belt warning system
because the electrical connection might
not be automatically reestablished for
these seats when the seat is reinstalled.
There could be instances with manual
connection seats where the driver either
forgets to make the connection or makes
an improper connection. Even for seats
where the connections are automatically
established when the seat is reinstalled,
the automatic connectors might
malfunction. If the electrical connection
is not reestablished, the warning system
could malfunction or provide inaccurate
information. Removable seats are
mainly found in the second row of
minivans.181 Foldable, rotating or
180 See Docket No. NHTSA–2010–0061
(comments of IEE S.A., Alliance of Automobile
Manufacturers, Association of Global Automakers,
and Automotive Safety Council).
181 We consider readily removable seats to be
seats designed to be easily removed and replaced
by means installed by the manufacturer for that
purpose (see FMVSS No. 208 S4.1.4.2.2.), and do
not require any special tools for their removal.
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otherwise stowable seats (e.g., Stow-nGo, Flip and Fold) are prominent in the
third row of minivans or large SUVs.
Foldable or stowable seats in the second
row are not as prominent in minivans.
Neither Euro NCAP nor ECE R16 have
any requirements that address the
potential for improper electrical
connections for such seats. The ECE
regulations provide that the rear seat
belt warning requirements would not
apply to folding rear seats or to seats
fitted with an s-type belt (including a
harness belt) until September 2022.182
Euro NCAP does not exclude folding
seats and includes all seating positions
including optional and removable seats,
but does not require the monitoring of
the buckle status for rear seat belt
secondary buckles that require a tool to
unlock.
Comments
Three commenter stated that
removable, suspension and folding seats
are complex and raise reliability and
technological readiness concerns and
should be exempted from the warning
requirements until it would be
practicable. Two of these commenters
said that if a seat belt warning were
required for such seats, significant lead
time or a phase-in (e.g., until the vehicle
platform was updated) would be
necessary.
Commenters stated that a rule should
include some or all of these seat types.
A commenter stated that, although these
seats may present challenges for rear
seat belt warning systems, NHTSA has
provided no evidence that, in cases
other than removable seats, the
challenges would be insurmountable, or
quantified the portion of the target
population represented by occupants of
these types of seats, which likely
includes many children. Another
commenter stated that removable seats
would not need to be exempted from the
requirements (as they currently are from
ECE R16) if specific types of electrical
connections or technology (e.g., wired
buckle switch, wireless buckle switch,
belt extension) were not required.
Commenters said that electrical
connections for removable, rotating,
flipping and folding seats should not
require any action on the part of the
consumer because vehicles with these
seats frequently transport children, and
believed that NHTSA should also
consider requiring wireless connections
and a warning for an improper
connection.
Commenters were against any
prescriptive design requirements related
to the connection between the vehicle
182 See
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and any removeable, folding, rotating, or
stowable seats, and in favor of a robust
set of compliance options to facilitate
new technology (although one
commenter also said that any additional
time it would take NHTSA to develop
such options would not be justified by
the limited benefits and relatively small
number of affected vehicles). A
commenter said that NHTSA should
instead include a reliability requirement
(e.g., lifetime warranty).
Two commenters expressed concerns
with wiring complexities associated
with buses. One of these commenters
specifically noted track-mounted seats,
which can be repositioned by the end
user, which are also subject to improper
connections and for which wireless
communication technology is not
currently available.
Agency Response
We have tentatively decided not to
exempt any of these seat types from the
proposed requirements. We are not
exempting suspension and/or folding
seats; the electrical connections should
not be disturbed because these seats are
not readily removable, and they would
potentially just require additional
wiring to accommodate the folding or
stowing process. We are also not
exempting removable seats because we
tentatively believe that concerns with
improper electrical connections will be
addressed by the proposed warning
requirement discussed below. Applying
the requirements to these seats also
harmonizes with ECE R16 (which will
soon fully phase in the rear belt
requirements for these seats) and Euro
NCAP. We do not consider a phase-in
necessary for suspension and/or folding
seats because we believe the solution for
these seats is simple. For removable
seats a phase-in is unnecessary because
readily attachable electrical connections
appear feasible. We do not believe buses
would be subject to these requirements,
given our definition of readily
removable seats.
We have tentatively decided not to
propose any requirements with respect
to the electrical connections for folding,
rotating, or stowable seats. Because
these seats are not readily removable,
the electrical connections should not be
disturbed and could be accommodated
with additional wiring. We are,
however, proposing two requirements
related to the electrical connections for
readily removable seats.
First, we are proposing that readily
removable seats must either
automatically connect the electrical
connections when the seat is put in
place (i.e., not require the vehicle user
to take any additional action to
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reconnect the electrical connections
other than re-installing the seat) or, if a
manual connection is required (i.e., the
user must reconnect the electrical
system), the connectors must be readilyaccessible.183 By readily-accessible
connectors we mean connectors that are
easy for an ordinary consumer to see
and access. A system utilizing a wireless
connection could be classified as either
automatic or manual, depending on
whether the user needs to take any
additional actions to establish the
wireless connection. We agree with the
commenters who recommended no
prescriptive requirements in order to
ensure OEMs have flexibility in system
design. We think the proposal balances
flexibility and the need to ensure that a
proper connection is made.
Second, we are proposing that
vehicles utilizing the negative-only
compliance option provide a visual
warning to the driver if a proper
electrical connection has not been
established for a readily removable seat.
We are concerned that consumers could
reinstall removable seats (with either
automatic or manual connections)
without making a proper electrical
connection. There could be instances for
manual connection seats where the
driver either forgets to make the
connection or makes an improper
connection. Even for seats where the
connections are automatically
established when the seat is reinstalled,
the automatic connectors might
malfunction (e.g., debris, broken
connector) and a proper connection may
not be made. If the electrical connection
is not reestablished, the warning system
could malfunction or provide inaccurate
information. We are only proposing to
require the warning for negative-only
systems because a faulty connection
would result in the system not triggering
any warning of an unbelted rear seat
occupant. Moreover, the driver would
otherwise have no reason to suspect that
the system was malfunctioning, and so
might mistake the lack of a warning as
an indication that the rear seat occupant
was belted.
These potentially serious problems
are not present in full-status or positiveonly warning systems. First, it is our
expectation that a faulty connection for
a full-status system would affect both
the occupant detection and belt status.
However, if for some reason this is not
the case and the occupant detection of
a full-status system is working properly,
183 As
we note in Section X.C.7 below, we also
propose that the owner’s manual (which includes
information provided by the vehicle manufacturer
to the consumer, whether in digital or printed form)
include instructions on how to make any manual
electric connections for readily removable seats.
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but the seat belt buckle sensor is not
connected properly, then no visual
warning should activate without input
from the buckle sensor and the driver
should easily recognize the system is
not working properly. If for this same
scenario, the system interprets a lack of
input from the seat belt sensor as an
unbuckled seat belt when the driver
verifies or requests the rear seat
occupant to buckle their seat belt and
the occupant is already buckled, then
the driver would again be aware the
system is not working properly. If the
occupant detection sensors are not
connected properly, the driver would be
aware of the number of rear seat
occupants being transported, and would
thus be aware that the system is not
operating correctly when there is not a
warning for each occupant. Similarly, if
there were not a good connection in a
vehicle with a positive-only system, an
unbelted rear seat occupant would not
register as belted, which would be
accurate; a belted passenger would also
not register as belted, but since the
passenger would be belted, there would
be no adverse consequences from the
system error if a crash were to occur.
We believe that both of these
requirements would mainly affect
minivans, which make up a small
percentage of the fleet.184 We believe it
might be possible to utilize the rear seat
belt visual warning signal, with slight
modifications (e.g., a different color).
The agency seeks comments on this
proposal, particularly on the safety need
for such warnings, costs, and feasibility
of the proposed warning. We also seek
comment on whether this telltale should
be added to table 2 of FMVSS No. 101,
Controls and displays.
None of the regulations or statutes
administered by NHTSA require
manufacturers to provide a lifetime
warranty. However, if a vehicle or item
of equipment is determined (by the
manufacturer or NHTSA) to have a
safety-related defect or fails to meet an
applicable FMVSS, the Safety Act
requires the manufacturer to notify the
owner of the defect or noncompliance
and (if the vehicle or item is not more
than 15 years old) remedy the vehicle or
item without charge to the vehicle
owner.
7. Owner’s Manual Instructions
The ANPRM sought comment on
requiring the owner’s manual to provide
184 We estimate that minivans make up 3.6% of
vehicles produced based on MY 2015 WardsAuto
production data. The number of minivans that
would potentially be affected by this proposed
requirement is less than 3.6%, because some
minivans only have foldable/stowable rear seats,
not removable seats.
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information on the warning system’s
features, including the location, format,
and meaning of the visual warnings.
Because the owner’s manual readership
may be relatively low,185 we also sought
comment on whether this information
should be displayed in the vehicle
instead of (or in addition to) the owner’s
manual.
ddrumheller on DSK120RN23PROD with PROPOSALS2
Comments
None of the commenters opposed
such a requirement. Several commenters
supported including such information
in the owner’s manual. Some
commenters requested flexibility in
describing the functionality of the
system. One commenter suggested that
the owner’s manual could include
information on the seating positions
where a rear-seat reminder is provided,
a description of the visual and audible
warning(s), an indication of whether the
system incorporates driver monitoring
(including any limitations), instructions
for deactivating or cancelling any
warning(s), any limitations related to
CRS, and information related to the
connection of removable, folding,
rotating, or stowable seats.
A commenter believed that
information should also be displayed invehicle, especially for one-time vehicle
users (renters, friends, family), and
especially with respect to electrical
connections for removable/stowable
seats. Another commenter believed that
more research on the best way to
communicate this to owners is needed.
A commenter stated that information
on how a rear seat belt reminder affects
CRS installation should be provided,
including whether the system is able to
detect a CRS (and avoid false warnings).
Agency Response
We propose that the owner’s manual
(which includes information provided
by the vehicle manufacturer to the
consumer, whether in digital or printed
form) describe the warning system’s
features, including the location, format,
and meaning of the visual warnings. We
also propose that the owner’s manual
include instructions on how to make
any manual electrical connections for
readily removable seats. This will
provide manufacturers flexibility for
how they describe the functionality of
the system. These proposed additions to
the owner’s manual requirements in
FMVSS No. 208 would require a
185 The National Child Restraint Use Special
Study found that only 13 percent of drivers
reported reading the vehicle owner’s manual.
Nathan K. Greenwell. 2015. DOT HS 812 142.
Washington, DC: U.S. Department of
Transportation, National Highway Traffic Safety
Administration, p. 10.
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revision to the approved collection of
information OMB No. 2127–0541. Later
in this proposed rule, we seek comment
on this revision.
With regard to including system
functionality information in the vehicle
itself, these types of vehicle features are
not normally explained visually in the
vehicle, other than information on air
bags which pose safety risks. This level
of detail is best described in the owner’s
manual.
We are aware of at least one
manufacturer that provides information
in the owner’s manual on how their rear
belt warning system with occupant
detection functions when a CRS is
installed with LATCH and guidance on
how to avoid activating the warning (for
example, it informs the consumer that
fastening the seat belt prior to installing
a CRS with LATCH will avoid activating
the warning system for that seat).186 We
seek comment on whether we should
require including such information in
the owner’s manual (which includes
information provided by the vehicle
manufacturer to the consumer, whether
in digital or printed form).
8. Interaction With Other Vehicle
Warnings
The ANPRM also solicited comment
on whether a rear seat belt warning
could conflict with other in-vehicle
warnings, and how this might be
addressed.
Comments
A few commenters believed that the
rear belt reminder could conflict with
other warnings. One commenter
believed that there are conflicts and that
the rear seat belt warnings should be
given priority over other warnings. Two
commenters recommended that NHTSA
provide flexibility for rear-seat reminder
system alerts (or aspects of the alert) to
be temporarily suppressed or paused
where it is necessary to alert or redirect
the driver’s attention to higher-priority
warnings—for example, related to the
operation of the vehicle or a potential
safety risk within the external roadway
environment, such as an alert provided
by an advanced driver assistance system
(ADAS), crash avoidance system or
automated driving system (ADS) request
to intervene. Another commenter
recommended that the existing FMVSS
No. 101 Seat Belt Unfastened Telltale be
utilized as a persistent ‘‘baseline’’
warning when there is an active seat
belt warning for any occupant, even in
the event that the display of detailed
186 As noted earlier, NHTSA recommends
buckling unused seat belts that are within reach of
children to prevent seat belt entanglement and/or
strangulation.
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seat belt information is prevented by a
higher priority warning.
Other commenters did not believe
there would be conflicts with other
warnings, and one manufacturer did not
believe there would be a conflict if the
audible warning is accompanied by a
visual warning.
Agency Response
NHTSA is proposing that the rear seat
belt reminder telltale must not be
overridden by other visual warnings for
the required duration. This is consistent
with the current requirements in
FMVSS No. 101 for the driver’s seat belt
warning which specify, among other
things, that the seat belt telltale must
displace any other symbol or message in
that common space while the
underlying condition for the telltale’s
activation exists.187 We do not believe
that the seat belt warning requirements
will interfere with other warnings for
safety systems since they have
dedicated warning signals. This should
give manufacturers the flexibility to
determine the best way to implement
their warnings. For instance, warnings
for a potential safety risk can be more
aggressive than those for the seat belts.
With regard to available space, the
visual signal might be displayed as a
telltale light on the instrument panel or
on the vehicle’s information display
screen. Manufacturers will also have to
determine whether the driver and rear
passenger seat belt visual warning will
be treated the same.
D. Alternative Warning Signals
The ANPRM sought comment on
requiring or specifying as a compliance
option a rear seat belt warning that
differs from the type of audio-visual
warning that is currently required for
the driver’s seat belt. Alternatives to a
visual warning on vehicle start-up could
include an audible signal, either
electronic or mechanical, or a haptic
warning (e.g., steering wheel or seat
vibration). Similarly, an audible or
visual warning of a change in the status
of rear seat belts could be either
electronic or mechanical and could
include a haptic signal. We also sought
comment on alternative solutions that
would alert the driver when a rear seat
passenger buckles and/or unbuckles
(e.g., mirrors to see whether belts are
buckled, or the sound of the latch plate
clicking into the buckle).
Comments
Many commenters recommended
requiring the traditional audio-visual
187 FMVSS No. 101, S5.5.5. See discussion supra,
Section X.C.4, Telltale characteristics.
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warnings currently used for the front
seats. One commenter stated that
warning specifications should be based
on effectiveness and that audio-visual
warnings would likely be highly
effective given occupants’ familiarity
with them; it did not believe that a lesssophisticated warning, such as a
specialized system of mirrors, would be
sufficient to inform the driver about the
status of the rear seat belts. Two
commenters noted the potential for
confusion/distraction if an alternative
warning were used. A commenter stated
that the ‘‘click’’ of the belt buckle, while
certainly evidence of a buckled seat belt,
can easily be missed by the driver and
other occupants, as it could be masked
not only by the drivers’ own belt
clicking, but also by ambient noise in
the vehicle, and that, given the research
supporting the effectiveness of an audiovisual signal, an alternative warning
system would not be acceptable. Two
commenters said that an alternate
warning is not necessary because ECE
R16’s requirements are adequate.
A commenter said that, in addition to
requiring an audio-visual warning, the
proposed rule should require a
notification on the instrument cluster if
a seat belt is unbuckled that must be
acknowledged by the driver before any
other use of the instrument panel is
permitted.
A commenter stated that rear seat belt
warnings are not practicable for buses,
but if they were used, an audible alarm
similar to that required for emergency
exits would be necessary to provide an
effective notice to the driver. The
commenter believed that the interior
mirror on buses designed to permit the
driver to view the passengers, while not
as effective in determining proper seat
belt use as an electronic monitoring
system, has been effective in aiding the
driver to observe passengers that were
obviously not properly belted. The
commenter did not support the use of
haptic signals on buses. A public
commenter suggested use of cameras.
Agency Response
We agree with the commenters who
believe that an alternative warning is
not necessary and that an audio-visual
warning would be appropriate.188
Cameras would be unnecessary and
would add cost. The agency believes
that mirrors alone would not be as
effective as an audio-visual warning and
may pose risks, as drivers would have
to study the view to determine belt
status, assuming they could clearly see
188 With
respect to Blue Bird’s argument
regarding the practicability of a rear warning for
buses, see Section X.B, Applicability.
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the belts. In addition, as explained
above, the proposed rule would not
apply to school buses.
We are specifying minimum
performance requirements in order to
balance the effectiveness and
acceptability of these systems.
Manufacturers can go beyond our
requirements, such as by providing a
warning on the instrument panel that
must be acknowledged by the driver
before any other use of the instrument
panel is permitted.
E. Resistance to Intentional and
Inadvertent Defeat and Deactivation
The ANPRM sought comment on
whether NHTSA should propose
requirements to address circumvention.
We pointed to agency research on the
development of a seat belt misuse
detection system that identified a
number of ways in which a rear seat belt
warning system might be intentionally
defeated, as well as potential
countermeasures.189 For example, a
warning system could be defeated if:
• The belt is buckled before the
occupant sits in the seat. This could be
addressed by requiring a sequential
logic system. A sequential logic system
would require that the belt be buckled
after the seat has been occupied in order
for the system to recognize the seat belt
as being buckled.
• An occupant buckles the seat belt
behind themselves. This could be
addressed by utilizing both seat belt
latch and spool-out sensors and
deactivating the warning only if the
webbing were spooled out more than a
predetermined length. However, even
these sensors could be defeated by
pulling out additional webbing and
clipping it off to prevent retraction.
• The seat belt and/or occupant
detection sensors utilized by the rear
warning system in vehicles with
removable rear seats are intentionally
disconnected.
We also noted some ways in which
the warning could be inadvertently
circumvented (for example, when the
driver uses a remote engine starter so
that the initial warning activates before
the driver is in the vehicle).
We also sought comment on whether
a feature allowing single-trip manual
deactivation would diminish the
likelihood of circumvention. The ECE
regulations allow the rear seat belt
warning system to incorporate a shortterm and/or a long-term deactivation
feature for the audible change-of-status
189 Mazzae, E.N., Baldwin, G.H.S., & Andrella,
A.T. (2018, October). Performance assessment of
prototype seat belt misuse detection system (Report
No. DOT HS 812 593). Washington, DC: National
Highway Traffic Safety Administration.
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warning.190 Under those regulations, a
short-term deactivation may only be
effectuated by specific controls that are
not integrated in the safety-belt buckle,
and only when the vehicle is
stationary.191 When the ignition or
master control switch is deactivated for
more than 30 minutes and activated
again, a short-term deactivated safetybelt reminder must reactivate. A longterm deactivation may only be
effectuated by a sequence of operations
that are detailed only in the
manufacturer’s technical manual or
which require tools that are not
provided with the vehicle. It must not
be possible to provide either short- or
long-term deactivation of the visual
warning. Under Euro NCAP, the system
may allow the driver to acknowledge
the signal and switch it off for that
unique event, except for change-ofstatus events; a new trigger of the
warning should not be prevented.192 We
therefore understand there to be two
distinct but related concepts in the ECE
regulations and Euro NCAP:
acknowledgement and deactivation. The
former allows the driver to turn off the
signal once it is activated, while the
latter prevents the signal from activating
altogether. In addition, FMVSS No. 101
provides that telltales for several
functions (such as high beams), but not
including the driver’s seat belt warning,
must not be cancelable while the
underlying condition for their activation
exists.193
Comments
Several commenters supported
addressing intentional and/or
inadvertent defeat. A commenter stated
that, given the relatively small
proportion of hard-core nonusers, the
proportion of the potential target
population seeking to intentionally
defeat the systems is relatively small.
Nonetheless, the commenter stated that,
if mitigation strategies can be built into
the systems, such an advance would
likely help address at least some portion
of ‘‘hard-core nonusers’’ as well as those
exhibiting inadvertent misuse.
Commenters believed that the cost of
the potential countermeasures would be
minimal, and they should be required to
the extent feasible. A commenter stated
that the rear warning system should
include appropriate requirements for
inadvertent defeat, but not intentional
defeat. Another commenter supported
investigating the possibility of
eliminating the ‘‘false comply’’
190 Section
8.4.5.
8.4.5.1.
192 Section 3.4.3.1.2.
193 S5.5.6(b).
191 Section
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ddrumheller on DSK120RN23PROD with PROPOSALS2
condition of buckling behind the back
or extracting and ‘‘pinning’’ the belt
without buckling. One potential option
is to replicate current systems used to
identify seat belt use for front seated
occupants, as occupant detection
systems can also assist with identifying
misuse. They also commented that
sensor technology that identifies belt
pullout, occupant location, and buckle
switches can add redundancy and
reduce the risk of intentional and
inadvertent defeat.
Other commenters disagreed with
hardening the system against
circumvention because it would be
burdensome and unnecessary (minimal
benefits). One commenter noted the
relatively small proportion of drivers
who circumvent the seat belt warning.
With respect to deactivation, three
commenters supported following R16,
and IEE supported following R16 and/
or Euro NCAP. Three other commenters
opposed allowing deactivation because
it would drastically weaken system
effectiveness.
We also received comments on the
interaction with a remote engine starter
and the warning. A commenter believed
that adopting the requirements of R16
should help address this issue, as
warnings must be provided when the
ignition switch (or master control
switch) is activated (i.e., capable of
being driven). The commenter also
believed that the current driver’s
warning requirements (where the
warning is provided beginning when the
vehicle ignition switch is moved to the
‘‘on’’ or the ‘‘start’’ position) address
this issue. Another commenter
recommended that NHTSA specify the
start of the drive as the moment when
the ignition is activated in the mode
where the vehicle is capable of being
driven. A commenter stated that this
potential issue can easily be avoided
with occupant detection, because the
warning cycle would only be triggered
based on the actual presence of
occupants.
Agency Response
We have tentatively decided not to
propose any system-hardening features.
In drafting this proposal, the agency
focused on extending the rear seat belt
warning technologies currently in a
relatively small proportion of vehicles
to the rest of the fleet. These existing
systems generally do not provide
mechanisms to limit circumvention. We
decided not to include requirements to
address circumvention for a variety of
reasons. Most importantly, doing so
would increase cost and complexity. For
example, since we are not proposing to
require occupant detection technology,
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we are not proposing a sequential logic
system. We also believe that because the
proposed warnings are minimally
intrusive—a relatively short-duration
visual warning on start-up, and an
additional short audio-visual warning
for a seat belt that is subsequently
unbuckled—attempts to defeat the
system will be rare.
We have also tentatively decided not
to allow acknowledgement or
deactivation of the required warning
signals. While some commenters
suggested adopting the R16
requirements, they did not offer further
information on the need or use of these
options, except for one commenter that
noted it would diminish the safety value
of the system. Therefore, we believe that
proposing to allow an acknowledgment,
short-term deactivation, and or longterm deactivation option would have a
net negative impact on the effectiveness
of the proposed warning system (the
driver would not get the full benefit of
the warning). As discussed earlier in
this proposed rule, we believe that the
proposed warnings are minimally
intrusive and have relatively short
durations (visual-only at start-up and
audio-visual for a change-of-status), and
the positive-only compliance option
would mitigate warnings for
unoccupied seats. In addition, we
believe that allowing the driver to turn
off the change-of-status warning would
not meet the need for safety. Since we
cannot justify allowing such options
from a safety perspective (allowing it
would negatively impact the
effectiveness of the systems) or
consumer acceptance perspective
(warning signals are unobtrusive and
vehicle manufacturers could opt for the
positive-only option), we have
tentatively decided not to allow either a
deactivation or acknowledgment option.
For this reason, we also propose
amending FMVSS No. 101 S5.5.6(b) by
adding the seat belt telltale to the list of
telltales that may not be cancellable
while the underlying condition for the
telltale exists. This would apply to both
the front and rear seat belt warnings.
This would mean that the seat belt
warning telltale would not be allowed to
be acknowledged (i.e., cancelled) until
the minimum warning duration had
been reached.
We seek comment on vehicle
manufacturers’ desire to provide such
options, and, if they currently offer such
options, how they have implemented
them. We also seek comment on
whether allowing such options would
affect manufacturers’ choice of
compliance option (e.g., if we allowed
acknowledging or deactivating the
warning signals, would they be more
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inclined to choose the negative-only or
full-status compliance options?). We
also seek comment on our proposed
revision of FMVSS No. 101.
In vehicles with a remote engine
starter, the driver would potentially not
be present to witness the initial warning
signals if they are designed to meet our
minimum requirements. This could
potentially be addressed by
programming the system to require
input from the door sensors or occupant
sensors to verify that the driver is in the
vehicle, or by requiring the signals to
initiate when the transmission is moved
out of the park mode. We have chosen
not to propose a strategy for this
scenario, but request comments on
practicable solutions to this problem
that could be implemented in the final
rule and the potential cost impacts. New
technologies or solutions may be
available that may address these
scenarios without limiting the design
flexibility of manufacturers or
significantly increasing the cost.
F. Consumer Acceptance
In the ANPRM we explained that in
order for the proposed rear seat belt
warning to have a lasting impact on seat
belt use, it must balance effectiveness
and acceptability. For a seat belt
warning system to induce an unbelted
occupant to buckle up, the warning
must be noticeable enough to attract the
occupant’s attention, or, for a warning
directed at the driver, the driver’s
attention. However, if the warning is
overly intrusive, consumers may not
accept the technology.194 Therefore, the
warning must be noticeable enough to
prompt occupants to buckle their seat
belts, but not so intrusive that the public
does not accept the warning system, or
that an occupant will circumvent or
disable it. Consumer acceptance of any
eventual seat belt warning requirements
is an important consideration, given the
potential safety benefits of rear seat belt
warnings, the history of seat belt
warning technologies, and the fact that
consumers have not yet had widespread
exposure to rear seat belt warnings.
NHTSA is especially aware of this
concern, given the agency’s experience
with public and Congressional backlash
in the 1970s over the ignition interlock
and continuous warning buzzer
regulations.
We also noted research by NHTSA
and others suggesting that consumers
would accept the new technology. The
2004 Transportation Research Board
Report observed that ‘‘the data available
to date provide strongly converging
194 DOT 2009 Seat Belt Study at 2; Transportation
Research Board Study at 8.
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evidence in support of both the
potential effectiveness and consumer
acceptance of many new seat belt use
technologies[.]’’ 195 As part of the
research for the report, NHTSA
conducted focus-group interviews with
part-time and hard-core nonusers. The
report noted that ‘‘many part-time users
interviewed by NHTSA—the primary
target group for the technology—were
receptive to the new systems. Nearly
two-thirds rated the reminders
‘‘acceptable,’’ and approximately 80
percent thought that they would be
‘‘effective.’’ 196 The ANPRM also
pointed to a telephone survey of drivers
of vehicles with and without a rear seat
belt warning system that NHTSA
conducted in 2015.197 The rear warning
systems in those vehicles had
characteristics that were similar to the
proposed requirements: a visual
warning on start-up and an audio-visual
change-of-status warning. The survey
found, among other things, that 81% of
drivers of vehicles with a rear seat belt
warning were ‘‘very satisfied’’ with the
system; less than 2% were dissatisfied.
Among drivers of vehicles without a
rear seat belt warning, attitudes towards
rear belt warnings were generally
positive as well: a majority (55%)
indicated that it was important to them
that their next vehicle be equipped with
a rear belt warning system.
Comments
Several commenters believed that
consumers would accept rear seat belt
warnings. Commenters said that
NHTSA’s research shows that a large
proportion of the consumer population
will accept rear seat belt warnings and
it noted that at the time of the interlock
issue in the 1970s, seat belt use rates
were much lower than today, and a
larger proportion of the population were
hard-core nonusers. A commenter stated
that its survey of 2,000 drivers showed
that 70 percent favored a law requiring
seat belt reminders that continuously
chime until the seat belt is buckled,
including rear seat passengers.198
Another commenter noted a 2012 IIHS
survey showing that most motorists
supported enhanced belt reminders that
were ‘‘more persistent and intense’’ than
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195 Transportation
Research Board Study at 75–
76.
196 Id.
at pg. 10.
Schroeder & Melanie Wilbur, Survey of
Principal Drivers of Vehicles with a Rear Seat Belt
Reminder System. Washington, DC: National
Highway Traffic Safety Administration (2015). The
vehicles with seat belt warning systems were
Volvos and certain Cadillac and Chevrolet models.
198 Citing www.norc.org/Research/Projects/Pages/
underutilized-strategies-in-traffic-safety-results-ofa-nationally-representative-survey.aspx (last
accessed Oct. 25, 2021).
197 Paul
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what most automakers offered at the
time.199 The commenter also noted the
results of NHTSA’s 2015 survey.
Another commenter said that IIHS has
found that the majority of drivers in the
U.S. who transport passengers would
accept a rear seat belt reminder
system.200 This study found that parents
believed an audible alert to be
especially useful in alerting the driver to
a child unbuckling in the back seat
during a trip. A commenter suggested
that consumers would accept R16conforming systems.
One commenter said that further
studies are necessary because there is
insufficient data on consumer
acceptance.
Agency Response
NHTSA has tentatively concluded
that the proposed warning system
would be acceptable to consumers in
light of the specific characteristics of the
proposed warning signals, real-world
experience with seat belt reminder
systems, and research and consumer
surveys by NHTSA and others.
We believe that the proposed
requirements are specified so that the
potential for consumer disapproval is
minimized. Our intent was to specify
minimum warning requirements that
would result in an effective yet
acceptable warning. With respect to the
warning on start-up, we propose
requiring only a visual warning, and not
a more intrusive audible alert. The 60second duration is comparable to the
visual rear seat belt warnings provided
by currently deployed systems. For
example, the visual rear belt warning in
some MY2022 vehicles lasts for at least
60 seconds.201 The change-of-status
warning would involve an audio-visual
alert lasting at least 30 seconds. While
most vehicle models currently available
in the U.S. with rear seat belt warning
systems have a change-of-status warning
that meets this 30-second minimum
duration, we are aware of two available
models that exceed this duration for the
rear change-of-status warning. False
positives would also be minimized
199 Citing Highway Loss Data Inst., Ins. Inst. for
Highway Safety, Unbelted: Adults Admit They
Often Skip Belts in Rear Seat, 52 Status Rep. 1, 3
(Aug. 3, 2017), available at www.iihs.org/api/
datastoredocument/status-report/pdf/52/5 (last
accessed Oct. 25, 2021).
200 Citing David G. Kidd & Anne T. McCartt
(2014) Drivers’ Attitudes Toward Front or Rear
Child Passenger Belt Use and Seat Belt Reminders
at These Seating Positions, Traffic Injury
Prevention, 15:3, 278–286, DOI: 10.1080/
15389588.2013.810333.
201 We identified three manufacturers that
produce vehicles with visual warnings that last for
at least 60 seconds. One manufacturer provides
vehicles where the visual warning stays active until
the belt is fastened.
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because the positive-only compliance
option only necessitates a buckle sensor,
not occupant detection, which is more
prone to false positives.
Recent field experience also suggests
that consumers would accept the
proposed requirements. As noted
earlier, an increasing number of vehicles
sold in the United States have rear seat
belt warning systems; based on 2022
Purchasing with Safety in Mind: What
to Look For When Buying a Vehicle
information, 46.9% of the total vehicle
projected sales are equipped with rear
SBWS.202 Moreover, in connection with
the 2010 RFC, GM commented that it
has not received any complaints about
its rear seat belt warning system in
either the United States or Europe,203
and Volvo indicated that it had found a
high level of acceptance for its
system.204 In addition to this, many
OEMs have implemented enhanced seat
belt warnings for the front outboard
seats over the past two decades.
Consumers’ acceptance of these
warnings also suggests that they would
accept warnings for the rear seats.
Finally, in addition to the research
noted in the ANPRM we note the
studies cited by the commenters that
support our tentative conclusion that
consumers would accept the proposed
warnings. In 2012, IIHS conducted a
national telephone survey of drivers and
passengers about seat belt use. Using
this survey data, it proceeded to
conduct several studies.
One study, cited by the commenters,
was on the attitudes towards seat belt
use and in-vehicle technologies for
encouraging seat belt use.205 All
respondents were asked questions
regarding their belt use habits and
perceptions of different types of seat
belt interlocks. Part-time belt users and
nonusers were additionally questioned
about different types of reminders and
reminder strategies. The survey found
that enhanced reminders are more
acceptable than seat belt interlocks and
are viewed as having the potential to be
as effective as interlocks if sufficiently
persistent. A larger proportion of parttime belt users and nonusers said they
would be more likely to buckle up in
response to auditory and haptic
reminders than visual reminders. More
202 In the ANPRM it was 13% based on MY2019
vehicle data.
203 See Docket No. NHTSA–2010–0061 (GM
comment).
204 See Docket No. NHTSA–2010–0061 (Volvo
comment).
205 Kidd, McCartt, & Oesch. Attitudes Towards
Seat Belt Use and In-Vehicle Technologies for
Encouraging Belt Use. Insurance Institute for
Highway Safety. January 2013. The study oversampled part-time belt users and nonusers.
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than two-thirds of part-time belt users
and at least one-third of nonusers said
they would be more likely to buckle up
in response to seat belt reminders that
become more intense or continue
indefinitely; these reminders would be
acceptable to about half of part-time belt
users and around one-fifth of nonusers.
Another study cited by the
commenters used the same survey that
also collected information about drivers’
attitudes towards passenger belt use and
belt reminders for front passengers and
children in back seats.206 This study
used the 477 respondents (of the 1,218
total surveyed) that were drivers who
transport a front-seat passenger at least
once a week and 254 were drivers who
transport an 8- to 15-year-old child in
the back seat. The respondents were
asked about their attitudes toward seat
belt use by their front passengers or rear
child passengers and preferences for
different passenger belt reminder
features. The study found that nearly
every driver who transports children in
the back seat would encourage their belt
use, regardless of the driver’s belt use
habits. Most drivers who transport front
passengers wanted passenger seat belt
reminders to encourage passengers to
buckle up. As far as signal
characteristics, the study found that
front and rear passenger reminder
signals that last indefinitely would be
acceptable to most drivers who
transport these passengers, and that an
audible alert may be especially useful to
alert drivers to children unbuckling in
the rear seat during a trip.
We therefore tentatively conclude that
consumers would accept the proposed
warnings. NHTSA recognizes that there
is some proportion of the public that
may not desire a rear belt warning
system.207 However, based on extensive
research by NHTSA and others, we
agree with commenters that consumers
are more accepting of seat belt warnings
now than in the 1970s.208 We are also
mindful of Congress’s repeal of the
duration limitation on the audible
warning for the driver’s seat belt, as well
as its directive to NHTSA to initiate a
rulemaking for rear seat belt use
206 Kidd, D.G. and McCartt, A.T. 2013. Drivers’
attitudes toward front or rear child passenger belt
use and seat belt reminders at these seating
positions. Insurance Institute for Highway Safety,
January 2013.
207 For example, in NHTSA 2015 phone survey,
for drivers of vehicles without a rear belt warning,
23% found their vehicle’s seat belt warning (i.e., for
the front outboard passenger seats) annoying, and
16% would not need or want a seat belt warning
system in their vehicle.
208 See also, e.g., Highway Loss Data Inst., Ins.
Inst. for Highway Safety, Unbelted: Adults Admit
They Often Skip Belts in Rear Seat, 52 Status Rep.
1, 3 (Aug. 3, 2017) (indicating that most rear belt
nonusers are not hard-core nonusers).
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systems. We believe this likewise
suggests that the public would be
amenable to appropriately specified
warnings. NHTSA welcomes public
comment on this issue.
G. Technological and Economic
Feasibility
The ANPRM sought comment on the
technological and economic feasibility
of rear belt warning systems.
Comments
Several commenters stated that rear
warnings are technically feasible. Four
commenters stated that rear warning
requirements in foreign markets show
that such systems are technically
feasible and available. Two commenters
also noted that rear reminders are
already available in a number of makes
and models in the United States, with
a commenter noting that Volvo has been
offering such a system in the United
States since 2009.
A commenter said that because
technological complexity and cost will
depend on the specifics of the particular
system, NHTSA should provide OEMs
flexibility by establishing baseline
performance requirements with
compliance options that would allow
for more advanced system
characteristics.
Another commenter stated that buses
present challenges for a rear seat belt
warning system with respect to the
number of passengers and harshness of
the interior environment. The
commenter also said that it would be
difficult integrating a passenger seat
system with rear seat belt warnings that
are the same as the OEM driver and
copilot warning system, so that the
warnings may not match. The
commenter said that there are seat belt
warning systems being developed that
utilize wireless technology and such a
system would be less complex than a
wired electrical connection system. The
limitation of a wireless system is the
battery life, and more system features
such as individual passenger alerts
would reduce battery life further.
However, a battery-operated wireless
system would be much simpler for large
vehicles with many passengers, as it
would reduce the need for complex
wiring systems. Another commenter
believed that larger vehicles with many
rear designated seating positions could
present technical challenges, including
the ability of a system to differentiate
between objects that might be placed on
seats and actual passengers of various
weights and sizes.
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Agency Response
NHTSA has tentatively concluded
that the proposed requirements are
technologically and economically
practicable.209 Based on 2022
Purchasing with Safety in Mind: What
to Look For When Buying a Vehicle
information, 46.9% of the total U.S.
vehicle projected sales are equipped
with rear seat belt warning systems. For
vehicles that do not already incorporate
a rear seat belt warning system, the
positive-only compliance option would
require seat belt sensors, wiring, and
display adjustments. All of this
technology is readily available. The seat
belt latch sensors that would be needed
for all three systems are already used by
many manufacturers to comply with the
existing driver seat belt requirements.
Occupant detection might present
technological challenges but would not
be necessary for a positive-only warning
system. As we explain in more detail in
Section XIV, Overview of Costs and
Benefits, we estimate that the minimum
cost to comply with the rear seat belt
warning requirements (the positive-only
system) would be $167.8 million. This
is based on a per-vehicle cost of $19.59
for 53.1% of 16M affected new vehicles.
As explained later, our preliminary
regulatory impact analysis indicates that
the proposed requirements are costbeneficial across a range of discount
rates and reasonable effectiveness
estimates.
As we noted in the ANPRM,
implementing a visual warning may
require physical redesign of the
instrument panel. Such redesign would
have to take into account visibility,
interaction with existing signals and
displays, available space on the
instrument panel, and effectiveness, as
well as other factors. In some instances,
a visual signal might be displayed as a
telltale on the instrument panel or on
the vehicle’s information display screen.
Manufacturers would also have to
determine whether driver and rear
passenger seat belt warning visual
signals would be treated the same.
We also recognize that vehicles with
many rear designated seating positions
may present some challenges, but we
have tentatively concluded that they
should be subject to the proposed
requirements (with the exception of
school buses) because those vehicles
would be at least as likely, if not more
likely, to have rear occupants. In
addition, multiple rear seats may
increase the difficulty of the driver in
ascertaining rear seat belt use, so a
warning could prove especially useful
209 See also Section XIV, Overview of Benefits
and Costs.
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in these vehicles. We also recognize the
intent of the MAP–21 requirements in
improving protection for rear occupants,
and given the proven benefits of seat
belts, believe the warning should be
broadly applied. Our main motivation
for including small buses is to capture
large capacity passenger vans; these
vehicles might utilize the option of a
warning that indicates the number of
seat belts fastened. However, we do seek
comment on whether it would be
appropriate to exclude additional
vehicle types.
Overall, we believe that the proposed
compliance options would provide
manufacturers with the flexibility to
innovate and develop new technologies,
while also ensuring a minimum level of
safety. We seek comments on the
practicability of the proposed
compliance options.
XI. Warning Requirements for Front
Outboard Seats
We propose several changes and
enhancements to the seat belt warning
requirements for the front outboard
seats. There are three main changes we
are proposing.
First, we are proposing a requirement
for an audio-visual warning on vehicle
start-up for the front outboard passenger
seat. Currently, the standard requires a
short duration (4–60 seconds,
depending on the compliance option)
audio-visual seat belt warning on
vehicle start-up for the driver’s seat belt
for most vehicles with a GVWR under
10,000 lb (excluding medium-sized
buses), but not for any other front seats.
The vast majority of the vehicles being
sold today (approximately 96.6% of the
fleet, according to information
submitted by vehicle manufacturers to
NHTSA for NCAP in MY 2022) already
provide a seat belt warning for the front
outboard passenger seat. We propose to
require a seat belt warning for this seat
to ensure that all vehicles have this
important safety feature.
Second, we propose to close the
current gap for a driver’s seat belt
warning in medium-sized buses. We are
unaware of any such buses that do not
already provide a driver’s seat belt
warning; requiring this would ensure
that they continue to have a driver seat
belt warning in the future.
Third, we propose several changes to
the current requirements for the audiovisual warning signal that currently
apply to the driver’s seat that would
also apply to the front outboard
passenger seat. The most notable of
these is that we propose to require that
the audio-visual warning on vehicle
start-up last until the belts at any
occupied front outboard seats are
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fastened, and a change-of-status warning
for any front outboard seat that would
also last until the seat belt is refastened
(unless a front door is open).
These proposals are explained in
more detail below.
A. Seat Belt Warning for Front Outboard
Passenger Seat
This document proposes to require an
audio-visual seat belt warning for any
front outboard passenger seat.210
FMVSS No. 208 currently requires an
audio-visual seat belt warning for the
driver’s seat in passenger cars and
trucks, buses, and MPVs with a GVWR
of 4,536 kg (10,000 lb) or less, except for
buses with a GVWR greater than 3,855
kg (8,500 lb) and less than or equal to
4,536 kg (10,000 lb). NHTSA’s
regulations currently do not require seat
belt warnings for any seating position
other than the driver’s seat.211 Although
the ANPRM did not discuss extending
the seat belt warning requirements to
any front passenger seats, two
commenters recommended that NHTSA
amend FMVSS No. 208 to require a seat
belt warning for all front seats, and
another commenter recommended
adopting the ECE R16 requirements for
front outboard seating positions. ECE
R16 requires an audio-visual seat belt
warning for the front outboard
passenger seat.212
We believe there is good reason to do
so, as the reasons for ensuring the driver
is buckled apply equally to front
outboard passenger. About 10.4% of
right-front passengers do not always
fasten the belt 213 and unbelted
occupants are overrepresented in fatal
crashes. The lack of a seat belt warning
requirement for the front outboard
passenger seat dates to the 1970s, when
seat belt use rates were much lower and
seat belt warnings were not as
acceptable to consumers as they are
today. Further, almost all (96.6%)
vehicles offered for sale in the U.S. that
participate in the NCAP information
request are already equipped with a seat
belt warning at this position, so
requiring such a warning would ensure
that all vehicles be equipped with a seat
belt warning at this position.
210 In Section XIII.C we discuss the potential for
more than one front outboard passenger seat in
ADS-equipped vehicles.
211 See, e.g., Interpretation Letter from NHTSA to
R. Lucki, July 24, 1985 (‘‘Thus, the intent was to
require a warning system for only the driver’s
position.’’).
212 Section 8.4.1.1.
213 National Center for Statistics and Analysis.
(2021, February). Seat belt use in 2020—Overall
results (Traffic Safety Facts Research Note. Report
No. DOT HS 813 072). National Highway Traffic
Safety Administration.
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We are proposing an audio-visual
warning on vehicle start-up because
research by NHTSA and others suggests
that seat belt warnings that use an
audio-visual signal are more effective
than visual warnings alone. In addition,
the potential technological, consumer
acceptance, and cost issues associated
with requiring an audible warning for a
rear seat belt warning do not apply to
an audible warning for the front
outboard passenger seat because,
although the audible warning would
entail use of occupant detection
technology, most vehicles are already
equipped with both an audible seat belt
warning and occupant detection for the
front outboard passenger seat. This
proposal would not require that the
audible warning be specific to either the
driver or front outboard passenger seat;
therefore, manufacturers could utilize
the same audible warning for both seats
as is done with some of the existing
front belt warning systems.
The proposed front outboard
passenger seat requirements would
apply to all the vehicles to which the
proposed rear belt warning
requirements would apply: all front
outboard designated seating positions in
passenger cars, and all front outboard
designated seating positions certified to
a compliance option requiring seat belts
in trucks, MPVs, and buses with a
GVWR of 4,536 kg (10,000 lb) or less.214
We have tentatively decided not to
extend the seat belt warning
requirements to front center seats
because our preliminary regulatory
impact analysis found that a system for
the front center seat without occupant
detection would provide limited benefit
due to the low occupancy of the front
center seat and the limited number of
vehicles in the fleet with a front center
seat. See Section XIII, Regulatory
Alternatives, and the PRIA for a more
detailed analysis.
Occupant Detection
Because we are proposing an audiovisual warning, we are also proposing to
require that any front outboard
passenger seat be equipped with an
occupant detection system; an audiovisual warning is typically only
appropriate for occupied seats because
having an audible warning activate for
an unoccupied seat could be a nuisance
214 There are some compliance options for certain
trucks and MPVs that permit passive protection in
lieu of seat belts at the front outboard seating
positions. See S4.2.3 (compliance options for trucks
and MPVs weighing between 8,500–10,000 lb);
S4.2.6 & S4.2.1.1 (compliance options for walk-in
van-type trucks and vehicles designed to be sold
exclusively to the U.S. Postal Service 8,500 lb and
less).
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for the occupants and might desensitize
them to the warning or lead them to
circumvent the system. Requiring
occupant detection is consistent with
Euro NCAP, which requires occupant
detection for the front passenger seat
belt warning. In the United States,
occupant detection is already widely
deployed in the front outboard
passenger seat, either as part of an
advanced air bag system, or as part of
a voluntary seat belt warning system.215
Based on compliance and consumer
information data submitted to NHTSA
by vehicle manufacturers, NHTSA is not
aware of any vehicles to which the
proposed requirements would apply
that are not already equipped with
occupant detection for this seating
position. This demonstrates that the
technology is feasible and that an
occupant detection requirement would
not result in any additional costs.216 It
would also ensure that vehicles
produced in the future would be
equipped with the technology.
We propose that the warning system
consider this seating position
‘‘occupied’’ when an occupant who
weighs at least 46.7 kg (103 lb) and is
at least 139.7 cm (55 in) tall is seated in
the seat. These values are the weight
and height criteria currently specified in
FMVSS No. 208 (S29.1(f)) for a person
who is used as an alternative for the 5th
percentile adult female test dummy for
compliance testing of advanced air bag
systems utilizing static suppression.
These criteria are consistent with the
agency’s recommendation on not
transporting children in the front seat,
as well as Euro NCAP and the ECE R16
test procedures. As described below, in
connection with the proposed test
procedures (Section XII.B, Test
Procedures), the agency would use
215 Occupant detection is utilized by the
advanced air bags to properly classify the occupant
in the seat (e.g., child, adult, small-statured adult)
so that the advanced frontal air bag systems can
determine if and with what level of power the front
air bag will inflate. We also believe that occupant
detection is voluntarily used in the front passenger
seat to avoid having an audible seat belt warning
activate for an unoccupied seat.
216 Occupant detection systems are less
challenging for the front outboard passenger seat
than for the rear seats because the front outboard
passenger seat is not typically subject to as many
of the potential complications to occupant detection
(such as large occupants spanning multiple seating
positions). There may be infrequent situations
where occupant detection sensors may incorrectly
register the presence of an occupant when the seat
is unoccupied (e.g., mistaking cargo for an
occupant). However, if cargo placed on the seat
causes a false occupant detection reading and
inadvertent activation of the front passenger seat
belt warning signal, the driver can readily discern
it is a false reading and can easily either place the
cargo on the floor or fasten the seat belt to disable
the signal.
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either a person or test dummy meeting
these criteria.
B. Driver’s Seat Belt Warning for
Medium-Sized Buses
FMVSS No. 208 currently does not
require buses with a GVWR greater than
3,855 kg (8,500 lb) and less than or
equal to 4,536 kg (10,000 lb), or with a
GVWR less than or equal to 3,855 kg
(8,500 lb) and an unloaded weight
greater than 2,495 kg (5,500 lb), to be
equipped with a driver seat belt
warning. We are proposing to amend
FMVSS No. 208 to close this loophole.
We are unaware of any such buses
that do not already have a driver seat
belt warning that meets or surpasses the
warning specified in FMVSS No. 208.
Accordingly, we believe this
requirement would have minimal, if
any, costs or benefits. Requiring a driver
seat belt warning for these buses would
ensure that they continue to have a
driver seat belt warning in the future.
We invite comments on this proposal
and these assumptions.
C. Amendments to the Current Warning
Signal Requirements
The current driver’s seat belt warning
requirements provide manufacturers
with two compliance options.217 The
first option requires that if the key is in
the ‘‘on’’ or ‘‘start’’ position and the seat
belt is not in use, the vehicle must
provide a visual warning for at least 60
seconds, and an audible warning that
lasts 4 to 8 seconds. Under the second
option, when the key is turned to the
‘‘on’’ or ‘‘start’’ position, the vehicle
must provide a visual warning for 4 to
8 seconds (regardless of whether the
driver seat belt is fastened) and an
audible warning lasting 4 to 8 seconds
if the driver seat belt is not in use.
We propose to modify these
requirements in three main ways. First,
we propose a single compliance option
that requires a start-of-trip audio-visual
warning that lasts until the seat belt at
any occupied front outboard seat is
fastened. Second, we propose to require
an audio-visual change-of-status
warning if a buckled belt at either of
these seating positions is unfastened in
the middle of a trip. Third, we propose
some additional requirements for the
audible warning related to increasing
the duration (for example, specifying a
minimum 0.20 duty cycle for the
audible warning); however, we
generally do not propose requirements
beyond what is currently in the
standard related to other aspects of the
warning. These proposals are explained
in more detail below.
217 S7.3.
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1. Increasing the Duration of the AudioVisual Warning on Vehicle Start-Up
The current eight-second limitation
on the duration of the audible warning
was based on a statutory restriction,
enacted in 1974, that limited the length
of the audible warning. MAP–21
repealed this limitation. In light of
MAP–21’s repeal of the 8-second
limitation, the ANPRM sought comment
on removing the corresponding
limitation in FMVSS No. 208.
Comments
Several commenters supported
removing this restriction. One
commenter said that removing it would
provide manufacturers with greater
regulatory certainty in deploying
enhanced seat belt reminders, although,
the commenter stated, there needs to be
an upper bound on the duration of the
required warning to ensure an objective
and repeatable test for the purposes of
vehicle certification. The commenter
recommended maintaining the current
4- to 8-second warning thresholds
defined in table 4 of the FMVSS No. 208
laboratory test procedures.218 Another
commenter encouraged NHTSA to allow
enhanced seat belt reminder systems as
a compliance option, possibly in lieu of
the currently required 4 to 8 second
alarm. A commenter recommended
increasing the minimum duration for
the audible warning to at least 90
seconds because the current audible
signal duration upper limit is ineffective
for increasing seat belt use (and cited
studies to support this
recommendation). Related to this, a
commenter stated that a survey of 2,000
drivers it commissioned showed that 70
percent favored a law requiring seat belt
reminders that continuously chime until
the seat belt is buckled, including rear
seat passengers,219 and a commenter
noted a 2012 IIHS survey showing that
most motorists supported enhanced belt
reminders that were ‘‘more persistent
and intense’’ than what most
automakers offered at the time.220
On the other hand, a commenter
recommended that NHTSA incorporate
218 The laboratory procedures are not part the
regulatory text. Published separately by NHTSA’s
Office of Vehicle Safety Compliance, they are
intended to provide laboratories contracted by
NHTSA with additional guidelines for obtaining
compliance test data.
219 Citing www.norc.org/Research/Projects/Pages/
underutilized-strategies-in-traffic-safety-results-ofa-nationally-representative-survey.aspx (last
accessed Oct. 25, 2021).
220 Citing Highway Loss Data Inst., Ins. Inst. for
Highway Safety, Unbelted: Adults Admit They
Often Skip Belts in Rear Seat, 52 STATUS REP. 1,
3 (Aug. 3, 2017), available at www.iihs.org/api/
datastoredocument/status-report/pdf/52/5 (last
accessed Oct. 25, 2021).
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the Euro NCAP enhanced seat belt
reminder requirements in the U.S.
NCAP program if the agency wants to
encourage enhanced seat belt reminders
that provide driver warnings beyond 8seconds.
A commenter recommended that the
front and rear requirements be
consistent with respect to the required
duration of the audible warning.
Agency Response
NHTSA has tentatively decided to
increase the required duration for the
audio-visual warning provided on
vehicle start-up to occupants of the front
outboard seats. The extremely short
duration currently required for the
driver’s seat belt warning—which
originated in the early 1970s—is
outdated.221 It was premised on the
since-repealed eight-second statutory
limitation on the audible warning
duration, then-existing low seat belt use
rates, and consumer resistance to
enhanced warnings, and the related lack
of such warnings in most vehicles.
ddrumheller on DSK120RN23PROD with PROPOSALS2
221 What is now the second compliance option
(S7.3(a)(2)) was added to the standard in 1974, and
what is now the first compliance option (S7.3(a)(1))
was added to the standard in 1991. See 39 FR 42692
(Dec. 6, 1974); 56 FR 3222 (Jan. 29, 1991). The
second (and original) compliance option requires an
‘‘advisory’’ visual warning that is required to
activate regardless of whether the seat belt is
buckled; the purpose for this, as NHTSA explained
in 1974, was so the ‘‘reminder would remain
effective even if the belt were disabled to silence
the audible warning.’’ 39 FR 42692. (A later
rulemaking preamble also suggested that this would
serve to remind other occupants to buckle their
belts. 56 FR 3222.) The 4- to 8-second duration was
selected ‘‘because an irritating light can be easily
ignored or disabled, a visual signal can effectively
serve only a reminder function, and as such, it
should be as simple as possible. The NHTSA
concludes that a 4- to 8-second reminder is best
calculated to accomplish the advisory function.’’ 39
FR 42692. The first compliance option was added
in response to a petition for rulemaking from
General Motors to allow manufacturers to use a
safety belt warning system meeting the
requirements for automatic safety belt warning
systems as an alternative to the warning system that
was specified for manual belt systems.
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These circumstances no longer hold.
There are several respects in which the
current requirements are therefore not
relevant to today’s market.
First, the existing requirements are
significantly exceeded by the warnings
provided in current vehicles. Although
NHTSA did not previously have the
authority to require a seat belt warning
with an audible signal lasting more than
8 seconds, starting in at least the early
2000s, manufacturers voluntarily began
providing enhanced audio-visual
warnings exceeding the FMVSS No.
208-minimum durations.222 In order to
get a better sense of the warning
durations in currently sold vehicles,
NHTSA analyzed data on the seat belt
warning durations for MY 2022 vehicle
models provided to the agency by
vehicle manufacturers for NCAP; this
data covers most vehicles offered for
sale in the U.S. for MY 2022 with a
GVWR of 4,536 kg (10,000 lbs.) or
less.223 In total, we received seat belt
duration information on over 500
different vehicle models.224 For each
vehicle model, we looked at the warning
durations for the visual and audible
warnings for the driver and front
outboard passengers seat belts, as well
as the reported projected sales for that
model as a proportion of the total
projected sales for all of the vehicle
222 See Section III, Regulatory and Legislative
History. Similarly, an advisory warning for other
seating positions is not necessary because if the
proposal is adopted the front outboard passenger
seat and the rear seats would have warnings
specifically for those seats.
223 See supra note 38.
224 Specifically, we received information on
driver visual warning duration for 599 models for;
driver audible warning duration for 599 models;
front outboard passenger visual warning duration
for 564 models; and front outboard passenger
audible warning duration for 558 models. The
number of models differs because some models for
which a vehicle manufacturer submitted
information did not include complete information
on the front outboard seat belt warnings and some
vehicles are not equipped with a front passenger
seat belt warning system.
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61709
models for which data was provided to
NHTSA. We then tabulated this data to
determine how warning durations were
distributed across the new vehicle fleet.
Specifically, we divided the range of
warning durations provided—ranging
from six seconds to indefinitely long—
into intervals. For each interval, we
summed up the projected vehicle sales
of all the vehicle models providing a
warning with a duration falling within
that interval and divided that sum by
the total projected sales of all vehicle
models. In general, we found that
roughly half of new light vehicles
provide a visual warning that lasts until
the belt is fastened and an audible
warning that lasts at least two minutes
(120 sec). In the discussion later, we
discuss this data in more detail. We also
looked at the warning durations
provided in new vehicles tabulated by
vehicle model instead of projected sales.
The results are generally the same,
although there are some differences
compared to the vehicle sales analysis
presented here. These data and results
are presented in appendix A.
With respect to the driver visual
warning, the majority of new vehicles—
over 60% as a percentage of total
projected sales volume—have a warning
that lasts until the belt is fastened
(Figure 3). The remainder of the fleet is
about equally divided between a 5minute (300 second) visual warning and
a visual warning lasting at least 1.5
minutes, but less than 2 minutes (90–
119 seconds).225 Less than 2% of the
fleet has a warning lasting less than 1.5
minutes (90 sec). The results for the
front outboard passenger visual warning
are essentially the same as for the driver
seat belt visual warning. See Figure 4.
225 The 300–329 second interval consists of
vehicles from just one manufacturer, all of which
have a 300-second reminder. The 90–119 second
interval includes a variety of different-make vehicle
models with different reminder durations.
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vehicle fleet provide the very lowduration audible warning currently
required by FMVSS No. 208.
Instead, almost all new vehicles
provide a driver audible warning that
significantly exceeds the current
minimum. Overall, about 99% of
vehicles (by share of total projected
sales volume) provide an audible
warning that lasts at least 30 seconds,
226 For the driver audible warning, the 0–29
second interval consists of a number of different
vehicle makes, all of which provide either a six or
eight-second warning.
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and about 92% of vehicles provide an
audible warning that lasts at least 1.5
min (90+ sec). See Figure 6. About half
of the fleet (47%) provide an audible
warning that lasts two minutes or more
(120+ s). Of the vehicles that provide an
audible warning with a finite length, the
sales-weighted mean is 2.9 minutes (174
seconds) and the median is 1.7 minutes
(100 seconds).
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With respect to the driver audible
warning, all of the vehicles for which
NHTSA had data have an audible
warning lasting longer than the
regulatory minimum of 4 seconds. A
small number of vehicles (about 1% as
a share of total projected sales volume)
have an audible warning that last six or
eight seconds.226 See Figure 5. Thus, a
very small proportion of the current
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Turning to the specific durations
provided for the driver audible seat belt
warning, about half of new vehicles
(45.5% as a share of total projected sales
volume) provide a warning that lasts
90–to–119 s (1.5 s¥1.98 s).227 See
Figure 5. The longest-duration audible
warnings, provided by two vehicle
manufacturers, last until the belt has
been buckled (accounting for about 8%
of new vehicles sold). The longest
limited-duration audible warnings,
lasting 5 and 8 minutes (300 and 480
seconds) are provided by two
manufacturers (about 22% of new
vehicles).228 The other duration that is
used in a non-trivial share of new
vehicles is from 4 min¥4.5 min (240
s¥269 s) (about 12% of new
vehicles).229 The corresponding analysis
for the front outboard passenger seat
belt warning is very similar.230 See
Figure 7 and Figure 8.
Second, we tentatively agree with
IIHS that the current audible signal
duration upper limit of eight seconds is
ineffective for increasing seat belt use.
From the vehicle survey data presented
here, it is clearly not a factor affecting
vehicle design. As discussed earlier in
this preamble, front seat belt use rates
have plateaued in recent years so that
about 10% of front-row occupants do
not always use a seat belt. Coupled with
this, we note that approximately 83–
89% of nonusers are part-time nonusers
who would be open to using a belt.231
Although research may not yet have
firmly established which exact system
specifications are optimal,232 research
by NHTSA and others suggests that
audio-visual warnings are more effective
than visual warnings alone and that
longer duration warnings are more
effective than shorter duration
warnings.233 NHTSA’s earlier research
estimated that an enhanced reminder,
on average, increased seat belt use three
to four percentage points compared to
the basic reminder currently required by
FMVSS No. 208. IIHS in its comment
cited recent research it had conducted
that evaluated the effectiveness of three
different driver’s seat belt reminders.
All of the reminders had a visual
warning that persisted until the seat belt
was fastened but had audible reminders
of varying duration. The research found
that, compared to a short intermittent
audible reminder (specifically, three
intermittent 7-second audible
reminders), an audible reminder with an
indefinite duration increased seat belt
use by 34%, and an audible reminder
with a 100-second duration increased
seat belt use by 30%. However, we note
that more than 90% of MY 2022
vehicles already have audible warnings
of at least 90 seconds, but only about
8% have an indefinite reminder. For
more information on these effectiveness
estimates, see Section XIV, Costs and
Benefits.
Third, we tentatively believe that
contemporary consumers would accept
a longer warning. As we discussed
earlier in this preamble, in the early
1970s, NHTSA faced consumer backlash
when it required long-lasting seat belt
warnings. However, consumer behavior
and attitudes have changed since then—
seat belt use is more widespread, and
opposition to using a seat belt is much
less prevalent than it was in the 1970s.
This is evidenced by MAP–21’s repeal
of the eight-second audible seat belt
warning limitation, and by the fact that
almost all light vehicles sold in the U.S.
now feature relatively long duration
visual and audible warnings for the
front outboard seats. Research by
NHTSA and others suggests that
227 90, 96, 100, and 108 seconds are the most used
durations in that range, but there are other
durations too. 100 seconds is the most used.
228 The only warning duration provided in the
300–329 sec interval is 300 sec.
229 Specifically, these are all on vehicles from one
manufacturer, which provide an audible warning
lasting 261 s.
230 The sale-weighted mean for the front
passenger audible warning is 176.57 and the
median is 96.
231 It also might be the case that so-called ‘‘hardcore’’ nonusers, who comprise about 11–17% of
nonusers, would use the belt if the reminder were
sufficiently annoying, although, for the purposes of
our effectiveness (and benefits) analysis, we
conservatively assume that the increase in belt use
would be due entirely to part-time nonusers.
232 DOT 2009 Belt Warning Study, p. 1
(‘‘Although improvements in seat belt use rates
appear to result from ESBRs, there is not yet good
evidence concerning what works best and why a
given system may influence occupant behavior.’’).
233 See, e.g., DOT 2009 Belt warning Study, pp.
8, 46–49. See also David G. Kidd & Jeremiah Singer,
The effects of persistent audible seat belt reminders
and a speed-limiting interlock on the seat belt use
of drivers who do not always use a seat belt.
Insurance Institute for Highway Safety (2019)
(‘‘Persistent enhanced reminders with longer-lasting
or more frequent auditory chimes have been found
to be more effective for increasing seat belt use.’’)
(citing NHTSA research).
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consumers would potentially accept an
appreciably longer duration warning. As
we noted above in connection with the
rear seat belt warning (Section X.F,
Consumer Acceptance), NHTSA’s
research suggests that part-time belt
users are receptive to seat belt warning
technologies, including front seat belt
warnings. Furthermore, more recent
research by others suggests support for
more persistent reminders. IIHS’s
research has found that, while public
acceptance of intense reminders was a
concern, seat belt reminders that
become more intense or continue
indefinitely would be acceptable to
about half of part-time belt users and
around one-fifth of nonusers.234
Another IIHS study found that, while its
data was subject to some limitations,
‘‘most drivers who transport front
passengers wanted . . . reminders that
last indefinitely until the front
passenger buckles up,’’ ‘‘suggest[ing]
that stronger front passenger reminders,
such as those meeting Euro NCAP’s
design requirements, may be acceptable
to most drivers who transport front
passengers.’’ 235 We also note the studies
cited by NSC and CAS suggesting strong
support for more persistent—and even
indefinitely long—reminders. At the
same time, we do acknowledge that
while enhanced warnings are
potentially more effective, they are also
more intrusive.236 They therefore
present potential consumer acceptance
challenges that may reduce their
effectiveness.237 NHTSA’s earlier
234 Kidd, McCartt, & Oesch. Attitudes Towards
Seat Belt Use and In-Vehicle Technologies for
Encouraging Belt Use. Insurance Institute for
Highway Safety. January 2013, pp. 1–3. The study
over-sampled part-time belt users and nonusers. But
see p. 3 (‘‘Requiring all vehicles to have more
intense enhanced reminders is a promising way to
increase belt use among part-time belt users, but
public acceptance still is a concern because the
characteristics that make reminders more effective
also are the characteristics that make them more
annoying. It is not clear how intense a reminder
needs to be to increase belt use among the
remaining part-time belt users and non-users and
what trade-off in annoyance is acceptable.’’)
(citation omitted).
235 Kidd, D.G. and McCartt, A.T. 2013. Drivers’
attitudes toward front or rear child passenger belt
use and seat belt reminders at these seating
positions. Insurance Institute for Highway Safety,
January 2013. But see id. at p. 13 (‘‘Long-lasting,
auditory front passenger reminders might not be
acceptable to these drivers, so it is important to find
ways to reduce the potential annoyance of front
passenger reminders without compromising their
effectiveness.’’).
236 DOT 2009 Belt Warning Study, supra n.36, p.
39 (drivers); p. 45 (passengers).
237 See, e.g., DOT 2009 Seat Belt Study at 54, 58
(while research to date on front seat systems
suggests that features such as a longer-lasting
flashing visual warning might be more effective
than a basic system, some warnings that may be
more effective could also be more annoying to
occupants).
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research suggests that it may be
challenging to design a warning system
with effective yet acceptable
characteristics,238 and that no clear
consensus exists about which warning
system features are most acceptable.239
It also noted that while it appears that
a majority of the general public accepts
seat belt reminders, the data on public
acceptance is somewhat limited and
anecdotal, and that resistance by a
minority of the public could limit
overall public acceptability.240
However, based on the best data
available to us, we tentatively believe
that consumers would accept an audiovisual front seat belt reminder with a
significantly longer duration than the
standard currently requires, including
an indefinite duration.
Fourth, the technology necessary to
implement such an enhanced warning is
already standard equipment on almost
all light vehicles. An enhanced warning
that activates for an unoccupied seat
could be a nuisance that either
desensitizes the occupants to the
warning, or leads them to circumvent or
defeat the warning. Enhanced warnings
therefore generally need to work in
conjunction with an occupant detection
system. This makes light vehicle front
outboard seats well-suited for enhanced
warnings, because almost all front
outboard seats are already equipped
with occupant classifications systems in
order to comply with the advanced air
bag requirements. Seat belt warnings for
the front outboard seats are therefore
capable of being activated only when an
unbelted occupant is present, which
greatly diminishes the risk of false
warnings. Accordingly, increasing the
reminder duration would entail
minimal costs.
Finally, a longer-duration is
consistent with seat belt warning
durations required or encouraged in
other markets and ratings programs. ECE
R16 requires that for the front seats
there be a 30 second visual warning
when the front seat belts are not
fastened and the ignition is activated. It
also requires an audio-visual warning
that must activate for at least 30 seconds
if the seat belt remains unfastened and
specific onset criteria are met (e.g.,
distance traveled, speed, etc.). To
prevent unnecessary signals, both ECE
R16 and Euro NCAP require that the
system be capable of detecting whether
238 See
DOT 2009 Seat Belt Study at 60.
2009 Belt Warning Study, p. 8; Schroeder
& Wilbur, supra, p. 33.
240 N. Lerner et al. 2007. Acceptability and
Potential Effectiveness of Enhanced Seat Belt
Reminder System Features. DOT HS 810 848.
Washington, DC: National Highway Traffic Safety
Administration, p. 41–42
239 DOT
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the front passenger seat is occupied. The
Euro NCAP assessment protocol
requires a visual signal that remains
active until the seat belt is fastened, and
a two-stage audible signal; the initial
audible signal must not exceed 30
seconds and the final audible signal
must be at least 90 seconds. Similar to
Euro NCAP, under the IIHS seat belt
reminder system ratings protocol, the
primary audible reminder signal for the
front outboard seats must be at least 90
seconds in total duration in order to
obtain an ‘‘acceptable’’ or ‘‘good’’ rating.
Although ECE R16 does not require an
indefinite reminder, such a reminder
would comply with that standard, as
they do not contain a maximum length.
We are therefore proposing to increase
the minimum duration of the audiovisual warning for the front outboard
seat belts on vehicle start-up. In
developing this proposal, we considered
a range of alternative warning durations.
At the upper end of the range is an
indefinite reminder—a reminder that
remains activated until the occupant
fastens the seat belt. Short of this are
reminders that have relatively long
durations, but do not last indefinitely.
Because there is a large range of
durations that could be selected, in
order to help structure the proposal (and
aid comment) we considered the
following ‘‘buckets’’ of reminder
durations, based on the front audible
warning durations provided in MY 2022
light vehicles offered for sale in the U.S.
as well as the durations specified in ECE
R16, Euro NCAP, and the IIHS ratings
protocol:
• Less than thirty seconds (less than
required in Europe and provided in only
about 1% of new vehicles offered for
sale in the U.S. in MY 2022);
• 30 seconds up to but not including
90 seconds (1.5 minutes) (consistent
with ECE R16, and provided in about
8% of MY 2022 vehicles in the U.S.);
• 90 seconds (1.5 minutes) up to but
not including 2 minutes (consistent
with Euro NCAP, and provided in about
46% of MY 2022 vehicles in the U.S.);
• 2 minutes (120 sec) up to (and
including) 5 minutes (300 seconds) (the
approximate mid-range of the audible
warning durations provided in MY 2022
vehicles in the U.S.);
• Greater than 5 minutes (300 sec) but
not indefinite (which includes the
longest limited-duration audible
warning, 8 minutes (480 sec) (provided
in about 8% of new vehicles in the
U.S.); and
• Indefinite duration (currently
adopted by two vehicle manufacturers,
accounting for about 8% of new
vehicles in the U.S.).
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We have tentatively decided to
propose requiring an audio-visual
reminder that lasts until the belts are
fastened at any occupied front outboard
seating position, in light of the increase
in roadway fatalities and the lack of
improvement of front seat belt use rates.
We also tentatively believe this is
supported by the favorable ratio of parttime to hard-core seat belt nonusers,
surveys indicating a significant level of
acceptance for enhanced seat belt
warnings, and the fact that a non-trivial
share of currently sold vehicles have an
indefinite-duration reminder. These
vehicles incorporating the indefinite
warning support the practicability of the
proposal. Additionally, the small
percentage of market penetration
provides the greatest opportunity for
potential benefit (see section XIII). We
also believe that other warning signal
characteristics—such as duty cycle,
frequency, volume, or timbre—can be
adjusted to balance effectiveness and
consumer acceptance; manufacturers
would have the flexibility to adjust
these or other aspects of the warning,
within certain limits, as discussed
further below. We do not agree with
Global that an upper bound on the
warning duration is necessary for
objectivity. The warning simply would
be required to remain active as long as
the belt were unfastened at an occupied
seat; NHTSA’s compliance test would
necessarily have to stop at some point,
but NHTSA could make the test time as
long as it wanted and manufacturers
would have to certify that the warning
would be indefinite.
NHTSA seeks comment on this
proposal. If opposed to an indefinite
warning, what data support limiting its
duration? If NHTSA were to instead
require an enhanced but limitedduration warning, how long should the
warning be? We also seek comment
from manufacturers (and others) about
the basis for the warning durations
provided in current vehicles,
particularly the warnings that exceed
the Euro NCAP duration (90 sec); for
example, the basis for the 5-minute
warning, or the 8-minute warning, or
the indefinite warning. We also seek
comment on the effectiveness and
consumer acceptance of the proposed
and alternative durations. One reason a
shorter duration could be more effective
is that some seat belt nonusers might be
more likely to habitually circumvent an
indefinite-duration warning as opposed
to a limited-duration warning. However,
such an assumption presupposes there
is some limited duration for which a
nonuser would be less likely to
circumvent. What would such a
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duration be, and would it have a
reduced effectiveness over a longer or
indefinite limit such that the benefit
from reduced circumvention was offset
by a lower effectiveness? We also seek
any additional data on effectiveness or
acceptance, or any relevant studies that
NHTSA has not identified in the
preamble or the PRIA.
We also seek comment on whether the
required durations for the visual and
audible components of the warning
should be identical or different (for
example, requiring an indefinitely long
visual warning and an audible warning
that is of a relatively long, but limited,
duration)? Similarly, should the
warning durations for the driver and
passenger differ or be identical? We also
recognize that duration is not the only
warning signal characteristic that might
increase effectiveness (and affect
acceptance); we seek comment on
whether NHTSA should set minimum
performance requirements for other
aspects of the warning (e.g., volume of
audible warning and frequency of visual
flashing warning and intermittent
audible warning) in lieu of or in
addition to an increase in the warning
duration, and the empirical support for
such a choice. We discuss proposed
limits and seek comment on certain
parameters related to the audible
warning below.
2. Requiring an Audio-Visual Change-ofStatus Warning
NHTSA also proposes to require an
audio-visual warning whenever the
driver or front outboard passenger seat
belt is unfastened during a trip.
Although the driver may be aware that
the front outboard passenger seat belt
has been unfastened, we believe a
change-of-status warning may encourage
or remind front outboard passengers to
refasten their seat belt. We propose an
audio-visual warning consisting of a
continuous or flashing visual warning of
icons or text visible to the driver and
any front outboard passenger and a
continuous or intermittent audible
signal lasting until the seat belt is
refastened. The warning would be
required to activate when the vehicle’s
ignition switch is in the ‘‘on’’ or ‘‘start’’
position, the vehicle’s transmission
selector is in a forward or reverse gear,
and the driver and or front outboard
passenger seat belt status changes from
in use to not in use. However, similar
to the Euro NCAP protocol
requirements, if the change-of-status
occurs and a front door on the same side
of the vehicle as the belt triggering the
warning is open, the system can
consider that the start of a new trip. The
proposed indefinite duration is longer
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than the minimum 30-second duration
proposed for the rear seat belt changeof-status warning. We tentatively
believe a longer duration for the front
seat belt warning is justified because it
does not pose the same potential for
driver distraction as it does for the rear
seat belt warning. Additionally, if the
change-of-status is finite, this would
essentially provide a method of
circumventing the indefinite startup
warning, i.e., an occupant could be
buckled at startup, but then unbuckle
during the trip and only receive a fixed
duration warning.
ECE R16 essentially requires the same
change-of-status warning requirements
for the front and rear seats (the duration
is generally about 30 seconds unless the
belt is fastened sooner), so the reader is
referred to the discussion of the changeof-status warning in connection with the
rear seat belt warning proposal (Section
X.C.2). Euro NCAP specifies that the
change-of-status warning must
essentially meet the requirements of the
initial warning, but those requirements
are different for the front and rear seats.
Again, for the front seats, Euro NCAP
specifies that for the initial warning a
visual signal shall remain active until
the seat belt is fastened, and specifies a
two-stage audible signal; the initial
audible signal must not exceed 30
seconds and the final audible signal
must be at least 90 seconds.
We seek comment on the proposed
change-of-status warning. What types of
change-of-status warnings are vehicle
manufacturers currently using for the
front and rear seats (e.g., audio-visual,
duration, etc.)? NHTSA is also
considering, as it is for the start-of-trip
warning, a limited-duration change-ofstatus warning. Would a limitedduration change-of-status warning be
preferable? And should it be identical to
the start-of-trip warning, or is there a
reason to require different warnings
(with respect to any warning signal
characteristic, but especially duration)?
How are vehicle manufacturers
currently handling change-of-status
events that occur when the vehicle is
stopped or at low vehicle speeds,
without a door being opened? Similarly,
how are change-of-status events handled
when passengers exit the vehicle
without the vehicle being in the park
gear?
3. Audible Warning Characteristics
If the proposed indefinite audible
warning were adopted, manufacturers
would almost certainly design audible
warnings that were not continuous but
instead cycled, in order to avoid the
excessive annoyance of a fully
continuous, long-lasting audible
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warning and to fine-tune annoyance and
effectiveness. In light of this, NHTSA
believes that it is necessary to more
fully specify the audible warning
characteristics than was necessary for a
brief audible warning to ensure that the
warnings have at least a minimum level
of persistence.
We therefore propose to define a set
of terms objectively describing the
audible warning: warning cycle, chime
frequency, and duty cycle:
• A warning cycle for an intermittent
audible warning consists of period(s)
when the warning is active at the chime
frequency or continuously, and inactive
period(s). A warning cycle begins with
an active period and is 30 seconds in
duration.
• Chime frequency means the
repetition rate for an intermittent
audible warning when the warning is
active.
• Duty cycle means the total amount
of time an intermittent audible warning
is active during a warning cycle at the
chime frequency or continuously,
divided by the total warning cycle
duration (30 seconds).
When an audible warning is emitting
sound, it may do so continuously or
intermittently. We believe if the chime
frequency of the warning is too low, the
warning may become less effective. In a
2009 agency study that focused on
analyzing characteristics of optimal
reminder systems, we found that, among
the reminder systems analyzed, the one
with the highest belt use rate had the
longest average single-cycle duration
and the highest maximum sound
frequency.241 However, the agency
wishes to provide ample design latitude
with respect to the chime frequency. In
a 2007 agency-funded study on
enhanced seat belt reminder features,
the ‘‘slow chime’’ warning evaluated
had a 0.83 Hz frequency.242 We are
proposing a minimum frequency of 0.5
Hz. The warning will be considered
active when the audible warning is
emitting a continuous sound or a sound
at a 0.5 Hz frequency or higher. We seek
comment on the proposed specification
for minimum chime frequency.
Another important characteristic for
an indefinite warning is the duty cycle.
The duty cycle is the ratio of the total
time when the audible warning is active
divided by the total warning cycle time.
A 1.0 or 100-percent duty cycle for a 30241 Mark Freedman et al., Effectiveness and
Acceptance of Enhanced Seat Belt Reminder
Systems: Characteristics of Optimal Reminder
Systems Final Report. DOT HS 811 097.
242 DOT HS 810 848; Lerner, N; Singer, L; Huey,
R; Jenness, J; ‘‘Acceptability and Potential
Effectiveness of Enhanced Seat Belt Reminders
System Features,’’ (2007)
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second warning cycle means that the
warning is active throughout the entire
30 seconds. In order for the duty cycle
specification to be meaningful, the
warning cycle time must be specified.
We are proposing that the warning cycle
be fixed at 30 seconds. Therefore,
because we are proposing that the
audio-visual warning continue until an
unfastened seat belt at an occupied seat
is buckled, the audible warning will be
composed of a continuous series of 30second warning cycles that continues
until the belt is buckled.
We have tentatively decided to
require a minimum duty cycle of 0.20 or
20 percent (i.e., 6 seconds for each 30second warning cycle). We have
tentatively selected this because we are
aware of research data that suggests that
a 20 percent duty cycle is effective but
are not aware of data that a lower duty
cycle would be sufficiently effective. In
2012, IIHS published a study examining
the effects of duty cycle and duration on
seat belt reminder effectiveness and
annoyance.243 The study examined four
duty cycle conditions: 100, 50, and 20
percent, and a basic reminder (as ratios
1.0, 0.5 and 0.2). The warning cycles
were consecutive 30 intervals. In the
100 percent duty cycle condition, the
flashing icon and 1 Hz frequency chime
were present for the entire 30-second
reminder cycle. In the 50 percent duty
cycle condition, the flashing icon and 1
Hz frequency chime were present for the
first 15 seconds of the reminder cycle,
and a continuously illuminated icon
was present for the final 15 seconds. In
the 20 percent duty cycle condition, the
flashing icon and 1 Hz frequency chime
were present for the first 6 seconds of
the reminder cycle followed by a
continuously illuminated icon for the
remaining 24 seconds. In the basic
reminder system condition, the flashing
icon and chime were present for the first
6 seconds of the first reminder cycle
only, and then icon was continuously
illuminated for the remainder of the
warning. In terms of effectiveness, the
20 percent duty cycle reminder was
rated no less effective than the 100
percent duty cycle reminder.
The chime frequency and duty cycle
can also be adjusted to optimize the
warning. As chime frequencies and/or
duty cycle increase, effectiveness
generally (though not necessarily)
increases, and annoyance generally
increases. Given the proposed indefinite
warning duration for the front seats,
vehicle manufacturers would almost
243 Kidd, D.G. (2012). Response of part-time belt
users to enhanced seat belt reminder systems of
different duty cycles and duration. Transportation
Research Part F, 15, 525–534.
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certainly design warnings with duty
cycles of less than 100 percent in order
to address consumer acceptance issues.
For instance, the 2012 IIHS study found
that a decrease in the duty cycle could
reduce annoyance while not appreciably
reducing effectiveness. The enhanced
reminders, however, were not equally
annoying. Forty percent of participants
in the 1.0 duty cycle reminder condition
and 40 percent of participants in the 0.5
duty cycle reminder condition agreed or
strongly agreed that the reminder
distracted them while they were
driving. However, only 25 percent of
participants in the 0.2 duty cycle
reminder condition indicated the
reminder distracted them.
Manufacturers can also balance the duty
cycle against the chime frequency.
These proposed specifications differ
somewhat from Euro NCAP and ECE
R16. Rather than directly specifying a
duty cycle, Euro NCAP specifies that for
the front seats the audible signal must
not have gaps greater than 10 seconds,
and that gaps longer than 3 seconds
would not count toward the warning’s
total duration. ECE R16 also does not
count warning gaps longer than 3
seconds toward the required minimum
warning duration requirement. We are
not specifying a limit on the maximum
duration of audible gaps for the
purposes of determining the warning’s
total duration since we are not
proposing a minimum warning duration
requirement. The 10 second limit Euro
NCAP specifies, in addition to its
specification of a 3 second gap limit
toward the calculation of the warning’s
total duration, would not be sufficient to
ensure a 0.20 duty cycle warning (that
is supported by the IIHS research). For
instance, a system with a warning cycle
that is 11 seconds long and a 10 second
gap would result in a duty cycle of 0.09
which would likely not be as effective
as a system meeting our proposed
requirements.
We seek comment on our proposed
method of specifying the audible
warning duty cycle and the limits
proposed.
4. Visual Warning Characteristics
We are retaining the existing
requirements with respect to some
aspects of the visual warning and
modifying them in other respects.
We are retaining the current
requirements that the warning be
continuous or intermittent (flashing)
and must display either the identifying
symbol or the words (‘‘Fasten Belts’’ or
‘‘Fasten Seat belts’’) specified in table 2
of FMVSS No. 101. We have tentatively
decided not to specify minimum
requirements for the duty cycle or flash
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rates analogous to what we are
proposing for the audible warning; we
tentatively believe that manufacturers
will design the visual warning features
in conjunction with and in a way that
complements the audible warning
characteristics. We have decided to
retain the requirement for the symbols
or text specified in FMVSS No. 101
because these visual warning have been
in place for decades and we believe that
consumers are accustomed to them.
Removing the requirement may have
unintended negative effects if drivers
and front passengers are not accustomed
to new visual warnings or do not find
the new visual warnings as effective.
This means that if a manufacturer chose
to use a pictogram format for the rear
seat belt warning, it could include the
front seat belts in this pictogram, but it
would also have to provide the
warnings specified in FMVSS No. 101,
table 2. We believe manufactures are
already doing this. We seek comment on
all of these tentative decisions.
We are also proposing requirements
with respect to telltale visibility. We
propose requiring that if there is a
driver’s designated seating position, the
visual warning for the driver’s seat belt
must be visible from the driver’s seat
and the visual warning for the front
outboard passenger seat belt must be
visible from the driver’s seat and the
front outboard passenger seat. (For the
case where there is not a driver’s
designated seating position (which is
the case with an ADS-equipped vehicle
without any manual driving controls),
see Section XII.C.). We are proposing to
require that the visual warning be
visible to both the driver and any front
outboard passenger because NHTSA’s
study on front seat belt warning systems
suggests that visual warnings for front
outboard passenger seat belts are more
effective when they are visible to the
passenger as well as the driver.244 Euro
NCAP similarly recommends that the
visual warning be visible to the front
passenger.245 We believe it would be
practicable for manufacturers to comply
with this requirement; for example, the
warning could be located in the center
console display (which might be a
salient place to present visual displays,
both because of its location and because
it may allow larger size icons or text).246
Some manufacturers already provide a
passenger seat belt warning in close
proximity to the passenger air bag status
indicator, which is visible to both the
driver and front passenger.
244 See
DOT 2009 Seat Belt Study at 67–68.
3.7.5.5.
246 DOT 2009 Seat Belt Study at 67–68.
245 Section
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We have tentatively decided not to
specify more detailed criteria for the
location or visibility of the telltale as,
for example, are provided in S19.2.2 for
the passenger air bag telltale. A visual
warning for the driver’s seat belt has
been required since the early 1970s and
we are not aware of any issues with the
visibility of that telltale, so we
tentatively believe this is unnecessary.
5. Other Warning Signal Features and
Criteria
We have tentatively decided not to
specify requirements or criteria for other
aspects of the front outboard seat belt
warnings.
Warning activation criteria. Global
and Honda commented that NHTSA
should consider updates to the driver
seat belt reminder requirements to
include additional trigger thresholds
beyond the vehicle ignition switch
being moved to the ‘‘on’’ or ‘‘start’’
position. The commenters believed
advances in vehicle sensor technology
enable warnings to be provided for a
range of conditions, such as when the
vehicle speed reaches a certain limit, or
when the transmission is moved from
the park position. One commenter
suggested that the front and rear
warning requirements be consistent in
this respect.
Euro NCAP and ECE R16 specify
additional trigger requirements above
and beyond the ignition being engaged
and a seat belt not fastened for some
aspects of the front seat belt warnings.
Euro NCAP specifies trigger criteria
related to factors such as speed, distance
traveled, and time elapsed for the
change-of-status warning, the audible
warning at the start of a trip, and the
final (loud and clear) warning. ECE R16
specifies, for both the start of trip
warning and the change-of-status
warning, additional activation criteria
for the second-level warning related to
vehicle speed, distance traveled, and
time elapsed.
We have tentatively decided not to
specify trigger criteria other than the
criteria proposed above. The reasons for
doing so mirror the reasons given in the
analogous discussions in the rear seat
belt warning discussion. See Section
X.C.1.b (start-of-trip warning) and
Section X.C.2 (change-of-status
warning).
Warning duration criteria. Euro NCAP
and ECE R16 also specify additional
duration criteria other than a minimum
time and the seat belt becoming
fastened. Euro NCAP specifies, for the
audible warning duration (for both the
start-of-trip and change-of-status
warnings) criteria related to vehicle
speed, door/belt status, running time,
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and distance traveled.247 ECE R16
specifies, for the second-level audiovisual warning duration for the front
seat belts an additional criterion related
to vehicle speed.248 We have tentatively
decided not to include more complex
criteria. The reasons for this mirror the
reasons given for the rear seat belt
change-of-status warning duration in
Section X.C.2.
Warning circumvention,
acknowledgment and deactivation. We
have tentatively decided not to propose
features to harden the system against
circumvention (such as a sequential
logic system which would evaluate
whether the belt was fastened prior to
an occupant sitting in the seat or sensors
that can determine seat belts fastened
behind an occupant’s back) because
such features would increase the cost
and complexity of the systems. Neither
ECE R16 nor Euro NCAP require such
features.
We have also tentatively decided not
to allow features which would permit
the driver to acknowledge the warning
and cancel it prior to the required
duration or to deactivate the warning for
an entire trip or for a specified time
period (thus preventing it from
activating in the first place). ECE R16
allows both short-term and long-term
deactivation of the audible warning
(with a variety of restrictions, such as
that it be more difficult to effectuate a
short-term deactivation than to buckle
the belt). Euro NCAP does not provide
any specifications for deactivation or
acknowledgement of the warnings for
the front seats; it only allows
acknowledgement of warnings for rear
seats, except for change-of-status
warnings. We seek comment on this.
Should a final rule incorporate either or
both of these features? Would this
unacceptably impact the effectiveness of
the warning and essentially negate its
indefinite duration? Or could it
facilitate acceptance and thus either not
impact effectiveness or even have a
positive impact on effectiveness, to the
extent it might make it less likely that
the occupant habitually completely
circumvents the system? Or should
cancelation or deactivation be allowed
for the passenger seat belt audible
warning but not the driver seat belt
warning, in order to mitigate the
potential for false positives (due to cargo
on the seat that the occupant detection
system classifies as a person, etc.)? We
note that, since we are not proposing
hardening requirements, the proposal
would not preclude designs that do not
247 Section
3.4.1.6.
8.4.2.4.3 (warning can cease if vehicle
is not moving forward at least 10 km/h).
248 Section
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activate a passenger seat belt warning if
the seat belt is fastened and no one is
in the seat. Thus, such nuisance
warnings due to cargo could be
prevented by buckling the seat belt or
simply placing the cargo somewhere
else.
Should the final rule allow for
permanent or short-term deactivation of
front seat audible warnings when the
vehicle is traveling below a certain
speed? This might allow for situations
such as someone needing to drive to a
mailbox on a road located on private
property or perhaps driving in a parking
lot. Below what speed could such a
deactivation be implemented without
potential loss of benefits? Would such
an allowance cause confusion and be
counterproductive to the goal of the
proposal?
XII. Other Issues
A. Automatic Belts
This proposal applies to automatic
belts. Automatic belts are belts that
secure without any action by the
occupant. The agency is not aware of
any currently produced vehicles that
would be affected by the proposed
requirements that have automatic belts.
We propose that a seating position with
an automatic belt would have to meet
the same seat belt warning requirements
that apply to manual belts. We are not
including provisions in the proposed
test procedures specific to automatic
seat belt systems because we believe the
seat belt use definitions provide
sufficient guidance. We seek comments
on this issue.
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B. Test Procedures
This NPRM includes procedures for
how the agency would test the front
outboard passenger and rear seat belt
warning systems for compliance with
the proposed requirements.
We note that ECE R16 (in Annex 18)
sets out some limited test procedures.
With respect to the front passenger belt
warning, it sets out procedures for
testing the warning when the seat belt
is unbuckled at the onset of a trip and
procedures for testing the change-ofstatus warning. For the rear seat belt
warning system, it has procedures for
testing the change-of-status warning. In
Europe and other countries around the
world, compliance with safety standards
is based on type approval. Type
approval is the confirmation that
production samples of a design will
meet specified performance standards.
For type approval, manufacturers
submit product specifications to
governmental authorities, which then
require third party approval testing,
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certification, and a production
conformity assessment by an
independent body. Test procedures in
FMVSS, on the other hand, are more
extensive and detailed, because an
FMVSS must be objective, so that
manufacturers can self-certify that their
vehicles are in compliance.
The proposed test procedures in this
NPRM specify that NHTSA could test
any system under any combination of
seat occupancy or seat belt use status.
The test procedures also specify how
the agency would test a seat belt
warning system with a designated
seating position that is occupied.
In order to test a seat belt warning
system with a front seating position that
is occupied, the agency would use
either any anthropomorphic test device
specified in part 572 or a person
meeting or exceeding the proposed
weight and height criteria (at least 46.7
kg and 139.7 cm, respectively,
corresponding to the 5th percentile
adult female test dummy specified in
part 572). The human beings or test
dummies used would be seated, the seat
belt use and ignition conditions would
be applied, and the required signals
must operate (that is, either activate or
not activate) accordingly. For example,
if the agency placed the appropriate test
dummies in both front outboard seating
positions and fastened both outboard
seat belts so that the seat belts were in
use, the front seat belt warning system
would not be permitted to activate the
audible or visual signals under the
current first compliance option and
could only activate the visual signal
under the current second compliance
option.249 The test could be conducted
with the seat and adjustable belt
anchorages in any position.
For rear warning systems that utilize
occupant detection (either negative-only
or full-status systems), the agency
would use either a person or any
anthropomorphic test device specified
in part 572 that meets the proposed
weight and height criteria (at least 21 kg
and 114 cm, respectively).250 The
agency would perform the test with the
seat in any position, the seat back in the
manufacturer’s nominal design riding
249 The first option requires that if the key is in
the ‘‘on’’ or ‘‘start’’ position and the seat belt is not
in use, the vehicle must provide a visual warning
for at least 60 seconds, and an audible warning that
lasts 4 to 8 seconds. Under the second option, when
the key is turned to the ‘‘on’’ or ‘‘start’’ position,
the vehicle must provide a visual warning for 4 to
8 seconds (regardless of whether the driver seat belt
is fastened) and an audible warning lasting 4 to 8
seconds if the driver seat belt is not in use.
250 For anthropomorphic test devices, this would
include the 50th percentile male, 5th percentile
female, and the 6-year-old and 10-year-old child
dummies.
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position, and any adjustable anchorages
in any position.
We seek comment on all aspects of
the test procedures. We also seek
comment on whether the R16 Annex 18
test procedures affect how the
requirements in R16 should be
interpreted, and whether any deviations
between the proposed test procedures
and the Annex 18 test procedures are
undesirable. We also seek comment on
whether the proposed procedures are
sufficiently detailed and objective.
C. Considerations for Automated
Driving Systems
The ANPRM did not address
considerations related to automated
driving systems (ADSs).
Comments
A commenter recommended avoiding
any additional references to the ‘‘driver’’
in FMVSS No. 208 to avoid introducing
further barriers to the deployment of
automated driving systems.
Agency Response
NHTSA is actively addressing how
the FMVSS might be revised to take
vehicles with different types of ADSs
into account. On March 30, 2022,
NHTSA published a final rule updating
the occupant protection standards (200series FMVSS) to account for ADSequipped vehicles, particularly those
without driving controls.251 The final
rule amended the 200-series FMVSS to
account for future vehicles that do not
have the traditional manual controls
associated with a human driver because
they are equipped with ADSs.
One aspect of this NPRM is a
requirement specifically tailored to an
ADS-equipped vehicle without a driver
DSP. For the amendment to the driver’s
seat belt warning, we are proposing that
the front passenger warning apply to
‘‘any’’ front outboard passenger. The
addition of the term ‘‘any’’ makes it
clear that, in some vehicles, there may
be more than one front outboard
passenger seating position. This would
be the situation of an ADS-equipped
vehicle that has no manually operated
driving controls. The agency views this
as a means for maintaining the same
level of occupant protection in ADSequipped vehicles that exists in
conventional vehicles, i.e., both will be
required to have seat belt warnings in
both outboard seating positions. We
note that in a dual mode vehicle,252 the
251 87
FR 18560 (Mar. 30, 2022).
[ADS-Equipped] Dual-Mode Vehicle is
defined as ‘‘[a] type of ADS-equipped vehicle
designed for both driverless operation and
operation by a conventional driver for complete
trips.’’ SAE J3016_201806 Taxonomy and
252 An
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left front seat is still by definition a
driver’s seat, regardless of the
operational status of the vehicle, so a
provision to just have a warning for the
driver and right outboard passenger
would be sufficient to assure that all
front seat occupants receive a warning.
We are also proposing that if there are
multiple front outboard passenger seats
in an ADS-equipped vehicle without
manual driving controls, then both front
outboard seat belt warnings and changeof-status warnings must be visible to
both front outboard passengers. The
rationale for this is as follows. Although
an ADS-equipped vehicle without
manually operated controls by
definition does not have a driver, it is
reasonable to assume that one of the
front outboard passengers may be
performing the management role for the
duration of a trip, such as might be the
case of a parent in a vehicle with
children under their care. In such a
situation, the manager of the trip may be
seated in either front outboard seat.
Thus, to be most beneficial, the visual
warning must be seen by an occupant
choosing to sit in either front outboard
seat. Additionally, if the agency
restricted the warning visibility to just
the right outboard passenger and not
‘‘any’’ outboard passenger, in an ADSequipped vehicle with no driving
controls and a lone vehicle occupant in
the left front seat, that occupant would
not receive a seat belt use warning.
The 2022 ADS final rule also
addressed situations where an ADSequipped vehicle without manual
driving controls has one or no outboard
seats in the front row (e.g., an ADSequipped vehicle with only two seats in
the front row, one or both of which
would be classified as inboard
passenger seating positions under 571.3)
and requires seat belt warnings for
certain inboard seats in such vehicles.
We are proposing that these front
inboard passenger seats have the same
seat belt warnings as front outboard
seats.
The agency acknowledges that the
proposal does not address the influence
of ADS-equipped vehicles on the
visibility of the rear seat belt warning.
As proposed, the rear seat belt warning
is only required to be visible from the
driver’s seat. As previously discussed,
there may be no driver’s DSP in an ADSequipped vehicle. Thus, no vehicle
occupant will be required to see the rear
seat belt warning. NHTSA
acknowledges the inadequacy of this
situation and we believe there are many
potential solutions. For example, it
Definitions for Terms Related to Driving
Automation Systems for On-Road Motor Vehicles.
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could be required that for a vehicle
without manually operated driving
controls, any front seat occupant receive
the rear seat belt warning. Another
approach would be to require that in
such vehicles, all seating positions be
apprised of the seat belt use in all other
DSPs in the vehicle. The agency has
determined that it is not prepared to
propose a solution for the visibility of
rear seat belt warnings for ADSequipped vehicles and that it is beyond
the scope of this proposed rule. As we
stated in the March 30, 2022 final rule,
the agency plans future agency work
related to telltales and indicators for
ADS-equipped vehicles.
XIII. Regulatory Alternatives
NHTSA has considered alternatives to
the proposal. In the preceding sections
of this document, we have discussed
various alternatives for different aspects
of the proposed requirements. In this
section we address five major
alternatives that we considered: ECE
R16 and Euro NCAP; occupant detection
and enhanced warning signals for the
rear seat belt warning; non-regulatory
alternatives; requiring a warning for the
front center seat; and requiring an
audio-visual seat belt warning for the
front outboard seating positions with a
duration not less than 90 seconds. For
three of these alternatives (rear-seat
occupant detection, front center seat,
and 90-second front warning), we also
quantified the costs and benefits (see
Section XIV).
A. ECE R16 and Euro NCAP
The ANPRM sought comment on the
extent to which any requirements
should be based upon or differ from
other regulatory requirements (such as
ECE requirements) or consumer
information programs such as Euro
NCAP.253 As discussed in more detail in
the regulatory analyses section below,
Executive Order 13609 provides that
International regulatory cooperation can
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. Similarly, § 24211 of the
Infrastructure, Investment, and Jobs
Act 254 instructs DOT to harmonize the
FMVSS with global regulations to the
maximum extent practicable (for
example, to the extent that
harmonization would be consistent with
the Safety Act).
253 The discussion in this preamble focuses on
Euro NCAP and R16. NCAP programs in other
regions are largely similar to Euro NCAP or R16, so
our analysis of these requirements will adequately
cover the requirements of the NCAP programs in
other regions.
254 H.R. 3684 (117th Congress) (2021).
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Comments 255
Several commenters recommended
harmonizing with R16.256 Two
commenters stated that almost all
automakers have already developed
systems to conform to the R16
requirements, and that
disharmonization would increase costs
without any benefits. Two commenters
said that harmonization would
accelerate introduction of seat belt
reminders. A commenter said that R16
represents a ‘‘sweet spot’’ between
safety benefits, consumer acceptance,
harmonization, and compliance costs.
The commenter also said that the
benefits from harmonization can be
substantial, such as flexibility to
innovate, cost minimization, and
efficiency of global research,
development, and production processes;
a non-harmonized approach could also
necessitate system redesign for the
United States market.
Some commenters recommended
harmonizing with NCAP programs in
other regions, such as Euro NCAP. For
example, a commenter supported
harmonization with Euro NCAP;
another supported harmonization with
Euro NCAP (or, if not that, then with
R16), and a third commenter suggested
using other NCAP programs as a model
when empirical data is lacking. A
commenter recommended
harmonization with Euro NCAP and
IIHS’s assessment protocol.
A few commenters, while
acknowledging that harmonization is
generally desirable, commented that the
proposed rule should not harmonize at
the expense of safety/effectiveness.
Commenters said that the requirements
should be evidence-based.
Agency Response
In developing this proposal, our
intent was to harmonize with ECE R16
and Euro NCAP as much as possible but
deviate where we believed it was
justified with respect to the Safety Act
criteria (need for safety, objectivity,
practicability). The tentative reasons for
following or deviating in any of these
respects are explained in detail in the
relevant section of the preamble. In
general, we believe that although the
proposal deviates from R16 in some
255 The ANPRM sought comment on this in the
context of various aspects of the rear seat belt
warning, and this is what the comments likely
concerned, but the discussion in the agency
response below also includes the front seats.
256 Some comments specifically identified version
R16–07. As noted earlier, the ECE has subsequently
revised that regulation. The current version is
Revision 10. We assume commenters favoring
harmonization intended that we harmonize with
the most current version of R16.
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ways, the two are not incompatible, so
that it is possible to design a rear
reminder system that complies with the
proposed requirements and is
compatible with R16.
On December 2021, IIHS released its
Seat Belt Reminder System Test and
Rating protocol.257 It sets out general
requirements for the seat belt reminder
visual and audible signals for front
outboard and rear seating positions. It
does not put much emphasis on the
visual warning for front-outboard
seating positions other than specifying
that a visual signal needs to be
displayed in the instrument panel,
overhead panel, or center console,
indicating an unfastened belt. On the
other hand, for the audible warning
there are requirements for when it must
begin if the seat belt is unfastened at
ignition and for change-of-status, and
when it can cease (when the seat belt is
unfastened, vehicle is no longer in
motion, or seat is no longer occupied).
It also has sound pressure level and
frequency requirements for the audible
warning.
For the rear seats, it specifies that the
visual signal must activate within 10
seconds of the ignition being turned on,
that the signal must indicate whether
the seat belt at each rear seating position
is fastened or unfastened, and that it
must last at least 60 seconds. It does not
require a visual signal if the seat belts
at all occupied rear seats are fastened or
if no rear occupants are present. It
allows the visual signal to be cancelled
by the driver. For a seat belt change-ofstatus in the rear seats when the vehicle
is in motion, it requires an audible and
visual signal that lasts at least 30
seconds. It further specifies that the
audible and visual signal can stop when
seat belts at the occupied rear seats are
fastened, the vehicle is no longer in
motion, or the seats are no longer
occupied.
For the front seats, under the IIHS
ratings protocol, the primary audible
reminder signal for the front outboard
seats must be at least 90 seconds in total
duration in order to obtain an
‘‘acceptable’’ or ‘‘good’’ rating.
Unlike Euro NCAP the IIHS rating
system provides ratings instead of
points (poor, marginal, acceptable,
good). For instance, if the frontpassenger seat has an audible signal that
lasts less than 8 seconds it would be
given a ‘‘Poor’’ rating. For a ‘‘Good’’
rating’’ both the driver and frontpassenger belt reminder must have an
257 https://www.iihs.org/media/f15e5be9-ac624ea6-a88d-7511105bfff5/H3hGKQ/Ratings/
Protocols/current/Seat%20Belt%20Reminder%
20Test%20Protocol.pdf.
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audible signal that lasts at least 90
seconds and meet the rest of the belt
reminder system requirements
(essentially meet the requirements for
an ‘‘Acceptable’’ rating) and meet the
requirements set forth for the rear seat
belt reminder system. Accordingly, a
vehicle cannot receive a ‘‘Good’’ rating
without having a rear seat belt reminder
system, and a rear seat belt reminder
system is not required for all the other
ratings. It does not specify occupancy
criteria. We do not believe our
requirements impede meeting the
requirements of the IIHS protocol.
B. Occupant Detection and Enhanced
Warning Signals for the Rear Seat Belt
Warning
Rear seat warning systems that
employ occupant detection have
potential advantages over systems
without it. With occupant detection, a
warning system can provide more
informative warnings. The system can
determine whether any seats are
occupied by an unbelted occupant, as
opposed to simply notifying the driver
which belts, if any, are fastened. Such
systems are also better able to provide
enhanced warnings. Enhanced warnings
refer (for the purposes of this document)
to warnings that are relatively longerlasting or have an audible component.
Having an audible or longer-duration
visual warning activate for an
unoccupied seat could be a nuisance for
the driver and might either desensitize
the occupants to the warning signal or
lead them to circumvent or defeat the
system. Enhanced warnings therefore
generally need to work in conjunction
with an occupant detection system.
In the ANPRM we observed, however,
that occupant detection for the rear seats
may present technical or cost
challenges. Rear seats are used in ways
that can complicate occupant detection.
Rear seats may frequently be used to
transport cargo such as groceries, pets,
and other heavy objects that could be
mistaken for an occupant. In addition,
rear seats may be less well-defined than
front seats, which could impede
accurate detection. For example, it may
be technically challenging for an
occupant detection system to recognize
a large occupant spanning multiple
seating positions as a single occupant
rather than two occupants. This could
lead to false warnings, which can lead
occupants to disregard or attempt to
circumvent the system. Occupant
detection would also be more
expensive. While approximately 46.9%
of MY 2022 projected vehicle sales in
the United Sates have rear seat belt
warning systems, only about 7% are
equipped with occupant detection.
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Occupant detection is optional but
not required by both ECE R16 and Euro
NCAP. Accordingly, neither Euro NCAP
nor ECE R16 require an audible warning
on vehicle start-up for the rear seats.
Euro NCAP specifies that, if there is no
occupant detection, only a 60-second
visual signal is needed for the rear
warning in order to earn bonus points,
and R16 requires a 60-second visual
signal. For systems with occupant
detection in all rear seats, Euro NCAP
specifies that the visual signal does not
need to indicate the number of seat belts
in use or not in use, but the signal must
remain as long as the seat belts remain
unfastened on any of the occupied rear
seats. Neither R16 nor Euro NCAP
require a visual signal if the system can
determine there are no occupants in the
rear.
The ANPRM sought comment on
whether NHTSA should propose rear
seat belt warning system requirements
that would necessitate occupant
detection or enhanced warning signals.
Comments
Many commenters recommended
requiring occupant detection in the rear
seats. Other commenters argued that
occupant detection would reduce false
signals, and some argued that occupant
detection was feasible and already
available in numerous vehicle models.
A commenter stated that NHTSA had
provided no literature review of
available systems and their capabilities,
and that NCAP programs throughout the
world had concluded that these systems
are feasible and important to advancing
safety. Two commenter said that some
of the technological challenges NHTSA
identified in the ANPRM have already
been addressed in systems developed
for the right front passenger seat. A
commenter also noted that various
NCAP programs award points for
occupant detection. Another commenter
said that the residual technical
challenges appear to be mostly
associated with accommodating certain
child restraint systems. The commenter
believed that occupant detection with
the option of temporary driver override
for the duration of an individual trip is
a reasonable approach that balances
notification with recognition that seats
may be occupied by objects other than
unrestrained human occupants.
Commenters also said that occupant
detection systems are cost-efficient,
with a number of systems costing less
than $10.
On the other hand, several
commenters opposed requiring
occupant detection. Commenters
suggested harmonizing with ECE R16,
which does not require occupant
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detection. Some commenters brought up
the technological and use challenges.
For example, a commenter stated that it
is difficult to distinguish actual rear
occupants from other rear objects
because consumers tend to use rear
seats in a wider variety of conditions
(e.g., child restraints, pets, groceries,
and various types of cargo); its
experience shows that occupant
detection in rear seats leads to false
alarms and reduced consumer
acceptance. Several commenters raised
concerns about cost. One commenter
believed that the cost of such systems
would not justify any additional
benefits. Another commenter believed
that there were insufficient data
available to demonstrate that occupant
detection would actually increase
system effectiveness because without
occupant detection the driver knows
how many occupants are in the vehicle.
On the other hand, a commenter said
that costs are not prohibitive; the
commenter also stated that rear seat
occupant detection systems are
available that can take into
consideration the specific challenges of
the rear seat compared to a front seat,
including robust sensors to help avoid
false positive warnings. At the same
time, commenters requested that any
requirements not prohibit innovation
and provide manufacturers with
flexibility. One commenter opposed
requiring occupant detection on buses
because such systems would be
complicated (e.g., the number of seats
and seating configurations, challenges
with LATCH). It also stated that it is
unaware of any occupant detection
systems currently available for buses, so
all rear passenger seats currently in use
will require significant development
efforts.
As noted earlier,258 several
commenters favored requiring an audiovisual warning at the start of the trip. A
commenter also supported requiring the
most effective warnings.
On the other hand, commenters
argued against requiring enhanced
warnings. A commenter recommended
requiring only a visual warning on startup to avoid false alarms and consumer
acceptance issues because occupant
detection is currently not affordable.
Another commenter also stated that
consumer acceptance of enhanced
warning systems in the United States is
not well understood. Commenters
recommended following R16 with
respect to enhanced warnings, because
it strikes an appropriate balance of
benefits, acceptance, harmonization,
258 See Section X.C.1.a, Visual Warning at Start of
Trip with Three Compliance Options.
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and costs. Two commenters suggested
that NHTSA instead consider updating
NCAP to include enhanced warnings. A
commenter said that the reminder
system should use existing audio/visual
warning patterns because the driving
public likely would be able to
understand those more easily.
Agency Response
We have tentatively decided not to
require occupant detection in the rear
seats because we tentatively believe that
occupant detection continues to present
technical challenges. While it can
reduce false warnings for unoccupied
seats it can also result in false warnings,
due to the limitations of the sensors and
different use scenarios in the rear seats.
We acknowledge that most of the
components necessary to meet the
proposed minimum performance
requirements for a system with
occupant detection are readily available,
and that a small portion of the total U.S.
vehicle projected sales, based on the
MY2022 NCAP data, are equipped with
rear SBWS with occupant detection.
However, these potential issues
surrounding the implementation of
occupant detection could reduce the
effectiveness and/or acceptance of these
systems and thus we tentatively decided
against requiring occupant detection.
Occupant detection would be costbeneficial only if rear seat belt use
increased substantially more than we
estimate that it would for a warning
system without occupant detection. Our
teardown analysis indicates that
occupant detection components cost
$39.75 per vehicle, which, added to the
$19.59 per vehicle cost of the buckle
sensor, results in a combined warning
system cost of $59.33 per vehicle
(2020 $). We estimate that the total new
fleet cost of a rear seat belt warning
system with occupant detection would
be about $758 million (2020 $). As
explained in more detail in Section XIV,
Overview of Costs and Benefits, and in
the PRIA, in order for benefits and costs
to be equal for this regulatory option,
seat belt use for rear seat occupants 11
years and older would need to increase
by approximately 9.4 percent when
discounted at 3 percent and 11.6
percent when discounted at seven
percent. A 9 to 12 percent increase in
seat belt use is about 2 to 3 times greater
than that estimated for the proposed
SBWS requirement. While we would
expect some possible increase in seat
belt use from that specific functionality,
it is doubtful that it would double or
triple the increase in seat belt use
estimated for SBWS without occupant
detection. Therefore, we do not expect
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this regulatory alternative to be costeffective or net beneficial.
This tentative decision is based on
current information on factors such as
the needed increase in seat belt use for
this regulatory alternative to have
positive net benefits. This proposal does
not preclude manufacturers from
choosing to use occupant detection and
includes compliance options that
involve the use of occupant detection.
This harmonizes with R16 and Euro
NCAP. Vehicle manufacturers may in
the future implement rear seat occupant
detection technology for other functions
(such as advanced occupant restraint
functions or warnings for unattended
children in the rear seating positions
after the vehicle motor is turned off),
which would relieve some of the cost
burden and facilitate the integration of
occupant detection technology for rear
seat belt warning systems. Because we
are not requiring occupant detection, we
are therefore also not requiring
enhanced warnings (such as an audible
warning on vehicle start-up) for the rear
seat belt reminder. The proposal,
however, gives manufacturers the
flexibility to innovate and optimize
warning signal characteristics, including
providing enhanced warnings. We seek
comment on these issues.
C. Non-Regulatory Alternatives
The ANPRM sought comment on
whether NHTSA should consider nonregulatory approaches. It identified two
potential non-regulatory approaches:
awarding NCAP bonus points and
voluntary guidelines.
Comments
Some commenters supported
including rear seat belt reminders in
NCAP in addition to, but not in lieu of,
a regulatory requirement in order to
accelerate adoption of advanced
systems. Two commenters also believed
that inclusion in NCAP could encourage
adoption. One commenter was opposed
to voluntary guidelines. The commenter
said that inclusion of occupant
detection in NCAP would be the most
appropriate way to incentivize such
systems and familiarize industry with
their implementation.
Agency Response
In light of the MAP–21 mandate and
our tentative conclusion that the
proposed requirements would meet the
section 30111 criteria, we have decided
to issue this proposal, and not pursue
non-regulatory alternatives. However,
we would like to note that on March 9,
2022, NHTSA published an RFC notice
announcing its current and future plans
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for updating NCAP.259 The RFC notice
included a section on seat belt
interlocks that requested comment on
whether NCAP should consider credit
for enhanced seat belt reminder systems
and whether NCAP should include a
seat belt interlock assessment and, if so,
what it would consist of (e.g., interlock
types, what seats would be covered,
etc.). The notice requested data on both
topics. Our preliminary review of the
comments about whether NCAP should
consider credit for enhanced seat belt
reminders found that the majority of
commenters were in support of such an
initiative. A commenter stated that,
rather than considering credit for
enhanced seat belt reminders, NHTSA
should regulate more persistent
reminders as allowed under MAP–21.
D. Requiring a Warning System for the
Front Center Seat
The agency also considered requiring
a seat belt warning system for the front
center seating position but is not
proposing doing so for a few reasons.
First, there is low occupancy for the
front center seat. According to 2013
FARS and GES data, only 0.4 percent of
the occupants of passenger cars and
light trucks with a GVWR of 10,000 lb
or less involved in fatal or injury-only
crashes were seated in the front center
seating position. This is due to the rarity
of front center seats in the modern
vehicle fleet, not because this position
is safer. More specifically, 62 occupants
of these vehicles seated in the front
center seat were killed. Of those
fatalities, 79 percent (49 occupants)
were unrestrained. In addition, there
were 8,000 occupants of these vehicles
that were injured while seated in the
front center seat. Of those front center
seat occupants injured, approximately
8.2 percent (656 occupants) were
unrestrained.260
Next, a system for the front center seat
without occupant detection would
likely not be effective. Without
occupant detection, a belt reminder
system for the front center seat would be
limited to providing a positive-only
visual signal (for the reasons discussed
regarding the front and rear seats and
occupant detection). We believe that
such a signal would not be likely to
result in meaningful safety benefits for
the front center seat. Because it would
be only a visible and not an audible
warning, it would likely not provide the
occupant in the front center seat much
259 87
FR 13452 (Mar. 9, 2022).
Traffic Safety Facts 2013, NHTSA, DOT
HS 812 139 (2015), Tables 87–88. Only light truck
occupant injuries are reported. The number of
passenger car occupants injured was not reported
because it was less than 500.
260 See
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incentive to fasten the seat belt or
provide the driver an additional
incentive to request the front center
passenger to fasten the seat belt.
Finally, a system with occupant
detection would not be cost-effective or
net-beneficial. When discounted at three
and seven percent, the cost per ELS is
approximately $88.9 million and $110.0
million, respectively and the net
benefits are negative for this regulatory
alternative. Because the cost per ELS is
higher than the comprehensive cost of a
fatality and the net benefits are negative,
this regulatory alternative is not costeffective or net-beneficial.
E. Requiring a 90 Second Duration Seat
Belt Warning System for the Front
Outboard Seating Positions
As explained earlier (see Section
XI.C.1), NHTSA considered a range of
alternative warning durations for the
front outboard seat belt warning.
NHTSA quantified the costs and
benefits for one of these alternate
durations (90 seconds). NHTSA selected
the 90 second duration length as an
alternative because this is the most
common audible warning duration for
the front outboard seats, based on our
NCAP data. About 92.4 percent of the
new vehicle fleet is already equipped
with an audible seat belt warning with
a duration of 90 seconds or greater.
Therefore, a requirement for a minimum
of 90 second duration audible warning
would only affect 7.6 percent of the new
vehicle fleet. The benefit and cost
analysis was conducted in a similar
manner as that for the indefinite
duration seat belt warning described in
Section XIV. Our analysis found that a
requirement for a 90-second audible
warning would save 7 equivalent lives
with no change in the estimated cost.
These benefits are significantly lower
than those for the proposed warning
that remains on until the seat belt is
buckled.
We seek comment on these issues.
XIV. Overview of Benefits and Costs
In this section, we briefly present our
estimates of the benefits and costs of the
proposed rear and front seat belt
warning requirements, as well as three
of the major regulatory alternatives we
considered. For a more detailed
discussion, please refer to the
Preliminary Regulatory Impact Analysis
(PRIA) in the docket for this rulemaking.
NHTSA seeks comment on its
methodology, data sources, and
estimates.
A. Proposed Requirements
NHTSA quantified the benefits and
costs of the proposed requirements. In
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this section we present a summary of
these estimates for the rear seat belt
warning system, front outboard seat belt
warning system, and then the combined
costs and benefits for both proposals.
1. Rear Seat Belt Warning System
The ANPRM sought comment on the
potential effectiveness, benefits, and
costs of a rear seat belt warning.
Comments
NHTSA received several comments
on the potential target population. For
example, a commenter said that
approximately 900 second row
unrestrained occupants are killed and
another 19,000 are injured each year,
and a portion of this target population
would likely have injuries mitigated or
eliminated through the use of rear seat
belt warning systems. Another
commenter brought up the increasing
number of rear seat passengers,261
including the rise of rideshare
vehicles.262 Two 263 commenters 264 also
stated that studies have found rear seat
passengers in rideshare or taxis (for hire
vehicles) are less likely to buckle up
than those in privately owned (not for
hire) vehicles, and one of the
commenters noted that children usually
sit in the back row, and they may
unfasten their seat belt out of boredom
during a trip. A commenter also said
that restraint non-use exceeds the
national average (47%) in the
population of occupants starting at age
8–12, and the unrestrained percentage
for younger occupants is 36% for 4–7
year olds and 22% for occupants less
than 4 years old.
Several commenters noted a relative
lack of data regarding the effectiveness
of rear seat belt warnings. A commenter
stated that the first vehicles with an
advanced rear seat belt reminder system
261 Citing Li, R., Pickrell, T.M. (2019, February).
Occupant restraint use in 2017: Results from the
NOPUS controlled intersection study (Report No.
DOT HS 812 594). Washington, DC: National
Highway Traffic Safety Administration, at: https://
crashstats.nhtsa.dot.gov/Api/Public/
ViewPublication/812594.pdf.
262 Citing Aarian Marshall, A Third of Americans
Use Ride-Hail. Uber and Lyft Need More, Wired,
Jan. 8, 2019, https://www.wired.com/story/uber-lyftride-hail-stats-pew-research/ (last accessed Nov. 26,
2019).
263 Citing Jessica Jermakian & Rebecca Weast,
Passenger use of and attitudes toward rear seat
belts. J. Safety Research 66, p. 113–119, Feb. 2018,
https://doi.org/10.1016/j.jsr.2017.12.006 (last
accessed Nov. 26, 2019); Kenneth Nemire, Seat belt
use by adult rear seat passengers in private
passenger, taxi, and rideshare vehicles, Proceedings
of the Human Factors and Ergonomics Society
Annual Meeting, Oct. 20, 2017, https://doi.org/
10.1177/1541931213601896 (last accessed Nov. 26,
2019).
264 Citing Rear Seat Belt Use: Little Change in
Four Years, Much More To Do, GHSA, (Nov., 2019),
https://www.ghsa.org/resources/RearBeltReport19.
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only entered the Japanese and EU
markets in recent years, and there are
not yet any field data available on
effectiveness.
However, a few commenters did
provide rough effectiveness estimates.
One commenter estimated that it was
likely similar to front seat effectiveness
(3–4%). Two other commenters pointed
to a 2012 SAE paper that compared the
effect of various visual and audible
warnings on rear belt use based on a
series of experiments.265 One of the
commenters said that its research has
found that seat belt warning systems
with persistent audible tones lasting at
least 90 seconds increase the seat belt
use of drivers who do not routinely use
a seat belt by 34%. The commenter also
referenced a Volvo survey of Volvo
owners in Sweden and Italy in 2005
showing that a rear belt warning system
had an effectiveness of approximately
50%.
Several commenters commented
generally that a rear belt reminder
would be effective while not providing
specific effectiveness estimates. A
commenter agreed with NHTSA that the
proportion of occupants who actively
seek to avoid restraint use is small
compared to the proportion of part-time
nonusers who would likely be amenable
to warnings. Another commenter
similarly stated that many consumers do
not prioritize rear belt use but rather
consider it unnecessary (for short trips
in particular), forget to buckle up, or
perceive no deterrent threat from traffic
enforcement, and enforcement of seat
belt laws is more challenging for the
back seat due to more difficult visibility.
A commenter said that there is
extensive evidence of the effectiveness
of front seat belt reminders and there is
no reason to believe that rear seat belt
reminder effectiveness would
significantly differ. Commenters noted
the NHTSA research on seat belt
warnings discussed in Section V,
showing a generally positive increase in
use rates. Commenters referred to an
IIHS survey showing that, of 1,172
respondents who had ridden in the back
seat during the preceding six months,
75% said they would be more likely to
wear the rear seat belt if someone in the
car reminded them, 62% would if there
was an audible belt reminder, and 50%
would if there was a visual belt
reminder.266
265 M. Akamatsu, H. Hashimoto and S. Shimaoka,
‘‘Assessment Method of Effectiveness of Passenger
Seat Belt Warning,’’ in SAE International 2012–01–
0050, 2012. This study is discussed in the PRIA
(Section 2.3).
266 Citing Highway Loss Data Inst., Ins. Inst. for
Highway Safety, Unbelted: Adults Admit They
Often Skip Belts in Rear Seat, 52 Status Rep. 1, 3
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With respect to costs, a commenter
said that seat belt reminder systems
require a relatively small investment,
and low-cost 2–D or digital cameras
(which are cheaper than seat sensors)
could be used to detect a rear seat
passenger. Two commenters said that
the cost will decrease further if rear seat
belt reminder systems are required in all
vehicles. A commenter said that for
passenger cars already equipped with
rear seat buckle monitoring (13% in US
for MY 2019; almost 100% of new
vehicle models in the EU market, legally
required in EU for new types from
September 2019 onwards), the
additional costs for the occupant
detection technology to cover the
second row seating positions are in the
low two-digit range. The commenter
also stated that among vehicles available
in the EU with advanced rear seat SBR
systems, a couple are vehicle models
that belong to the high-volume, costsensitive vehicle segments (small/
compact cars), showing that the
additional costs for the rear seat
occupant detection are not prohibitive.
The commenter said that the occupant
detection sensors for a seat belt warning
system are available at lower costs than
occupant classification (e.g., for front air
bags) sensors.
Agency Response
Based on FARS and NASS–CDS data
from 2011 to 2015, on average 1,002
unrestrained rear seat occupants were
killed in crashes and 7,820 were
injured.267 After adjusting these to
account for future decreases in fatalities
and injuries projected to occur in the
absence of the proposed requirements
due to the introduction of other
mandatory safety technologies (e.g.,
electronic stability control), there were,
on average, 475 fatalities and 7,036
injuries to unrestrained rear seat
occupants each year. This is the overall
target population—the annual deaths
and injuries that the proposed
requirements are aimed at reducing.
We estimated the benefits we expect
to result from the proposed rear seat belt
warning requirements. The benefits are
the fatalities and injuries that we
estimate would be prevented by the
proposed requirements. The benefits
depend, principally, on the
effectiveness of seat belts in preventing
deaths and injuries and the expected
increase in seat belt use due to the
proposed rear seat belt warning system
requirements. Seat belt effectiveness for
rear seat occupants is 55 percent for
passenger cars and 74 percent for light
trucks and vans.268
NHTSA believes that the proposed
minimum required warning signal
characteristics would be effective at
informing the driver of the use status of
the rear seat belts and facilitating the
driver to request that a rear passenger
fasten an unfastened belt. A seat belt
warning system can increase rear seat
belt use in two ways: it can remind an
occupant to fasten their belt, and it can
inform the driver that a passenger is
unbuckled, so that the driver can
request the occupant to fasten their
belt.269 Without a rear seat belt warning,
the driver must turn around to ascertain
whether a rear seat occupant is using a
seat belt (or ask the occupant); in some
vehicles, belt use may not be evident to
the driver, even if he or she turned
around, due to line-of-sight limitations.
As noted above, in NHTSA’s 2015
survey, 65% of drivers of vehicles
equipped with rear seat belt reminders
reported that the rear seat belt reminder
made it easier to encourage the rear seat
passengers to buckle up.270 Also, as
noted earlier, part-time users—the
predominant nonuser group—are
amenable to seat belt warnings. In
addition, children, who might be
particularly compliant to driver
requests, are proportionally much more
likely to be rear seat passengers than are
adults.271
We believe that any of the three
compliance options would be effective
at doing this. While some provide more
information than others, and some
would require the driver to fill in some
informational gaps, even the most basic
system (positive-only) would inform the
driver about which belts are fastened;
the driver would readily be able to
determine whether there were any
unbelted occupants. We also believe
that the 60-second visual warning
would be effective. NHTSA could have
proposed a more intrusive warning
signal, such as an audible warning and/
or a longer-duration visual warning.
However, because such warnings
necessitate occupant detection and we
have tentatively decided not to require
occupant detection, we have also
tentatively decided not to propose more
aggressive warnings.
NHTSA estimated the effectiveness of
the proposed rear seat belt warnings.
Available research regarding seat belt
use indicates that seat belt warning
268 See
PRIA, Table 29.
Akamatsu et al., Assessment
Method of Effectiveness of Passenger Seat Belt
Reminder. 2012–01–0050, SAE International (2012).
270 Survey of Principal Drivers of Vehicles with
a Rear Seat Belt Reminder System at 47.
269 Motoyuki
(Aug. 3, 2017), available at https://www.iihs.org/
api/datastoredocument/status-report/pdf/52/5 (last
accessed Nov. 26, 2019).
267 See PRIA, Appendix D.
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systems are effective at increasing seat
belt use; however, estimates of the
amount of increased belt usage that can
be attributed to warning systems vary.
In arriving at our estimates of increased
seat belt usage, we examined research
conducted by NHTSA and others, as
well as information submitted in
response to the request for comments.
For rear seat passengers eleven years old
and older, we used a ‘‘low’’ estimate of
3.4 percentage points, and a ‘‘high’’
estimate of 5.1 percentage points.272 For
rear seat passengers from six to eleven
years old, we used a low estimate of
0.27 percentage points and a high
estimate of 0.41 percentage points.273
(The estimated increases for younger
passengers are much lower because they
already have high rates of seat belt use).
For simplicity, we refer to these
scenarios as ‘‘Low’’ and ‘‘High,’’ or
‘‘3%’’ and ‘‘5%.’’
Based on these belt and warning
system effectiveness estimates, we
estimate that the proposed rear seat belt
warning requirements would prevent 22
fatalities and 75 injuries annually under
the ‘‘Low’’ scenario. Under the ‘‘High’’
scenario, we estimate that 34 fatalities
and 112 injuries would be prevented
annually.274 See table 9. Another way to
measure benefits is by calculating
equivalent lives saved. Equivalent lives
saved are the number of prevented
fatalities added to the number of
prevented injuries, with the prevented
injuries expressed in terms of fatalities
(that is, with an injury expressed as a
fraction of a fatality, so that the more
serious the injury, the higher the
fraction). The estimated equivalent lives
saved are presented in table 10.
TABLE 9—ESTIMATED ANNUAL BENEFITS—LIVES SAVED AND INJURIES PREVENTED FOR POSITIVE-ONLY SBWS (REAR
SEATS), WITH ESTIMATED 3 & 5 PERCENTAGE POINT INCREASE IN BELT USE
Injury level
3% (low)
5% (high)
1 275 ................................................................................................................................................................
2 .....................................................................................................................................................................
3 .....................................................................................................................................................................
4 .....................................................................................................................................................................
5 .....................................................................................................................................................................
23.2
40.2
5.6
5.5
0.2
34.3
60.3
8.4
8.2
0.3
Total Injuries .....................................................................................................................................................
74.7
111.5
Fatal .........................................................................................................................................................................
22.3
33.6
MAIS
MAIS
MAIS
MAIS
MAIS
TABLE 10—ESTIMATED ANNUAL BENEFITS—EQUIVALENT LIVES SAVED—POSITIVE-ONLY SBWS (REAR SEATS) 276
3% Discount
rate
Belt use increase
3% increase .............................................................................................................................................................
5% increase .............................................................................................................................................................
We also estimated the costs of the
proposed requirements. To comply with
the minimum proposed requirements
(the positive-only compliance option),
the system would need to have seat belt
buckle sensors (to determine if the belt
is fastened) and wiring and wire
conduits to provide information on the
belt buckle status from the rear seats to
the computer processor controlling the
warning system. Based on the results of
NHTSA’s teardown analysis, we
estimate a cost of $6.28 per seat. Given
an average of 3.12 rear seats per vehicle,
this yields a final cost of $19.59 per
vehicle. Based on this, the cost to the
fleet to comply with the proposed
minimum requirements (the positiveonly system) is $167.8 million (M).
Based on the forgoing, we performed
benefit-cost and cost-effectiveness
analyses. A benefit-cost analysis
21.9
32.9
7% Discount
rate
17.7
26.7
calculates net benefits, which is the
difference between the benefits flowing
from injury and fatality reductions and
the cost of the rule. Our net benefit
estimates are presented in table 11. The
cost-effectiveness analysis derives the
cost per equivalent life saved, which is
equal to the total cost of the rule divided
by the total fatal equivalents that it
prevents. These estimates are presented
in table 12.
TABLE 11—NET BENEFITS—POSITIVE-ONLY SBWS (REAR SEATS) 277
[2020 Dollars, in millions]
3% Discount
rate
Seat position and belt use increase
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3% increase .............................................................................................................................................................
5% increase .............................................................................................................................................................
272 See
PRIA, Table 33.
PRIA, Table 33.
274 See PRIA, Table 47.
275 The Abbreviated Injury Scale (AIS) is a
classification system for assessing impact injury
severity developed and published by the
273 See
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Association for the Advancement of Automotive
Medicine and is used for coding single injuries,
assessing multiple injuries, or for assessing
cumulative effects of more than one injury. MAIS
represents the maximum injury severity of an
occupant at an AIS level, i.e., the highest single AIS
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$95.6
228.3
7% Discount
rate
$46.2
153.9
for a person with one or more injuries. MAIS 1 &
2 injuries are considered minor injuries and MAIS
3–5 are considered serious injuries.
276 See PRIA, Table 72.
277 See PRIA, Table 79.
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TABLE 12—COST-EFFECTIVENESS ANALYSIS (COST PER EQUIVALENT LIFE SAVED)—PROPOSED POSITIVE-ONLY
SYSTEM 278
[2020 Dollars, in millions]
Seat position and belt use increase
ELS
Cost
Cost/ELS
3% Discount Rate
3% increase .................................................................................................................................
5% increase .................................................................................................................................
21.9
32.9
$166.4
166.4
$7.6
5.0
17.7
26.7
$166.4
166.4
$9.4
6.2
7% Discount Rate
3% increase .................................................................................................................................
5% increase .................................................................................................................................
2. Front Seat Belt Warning System
ddrumheller on DSK120RN23PROD with PROPOSALS2
Based on FARS and NASS–GES data
from 2011 to 2015, on average 7,503
unrestrained drivers and 1,453
unrestrained front outboard passengers
of passenger cars and light trucks were
killed annually in traffic crashes.
Additionally, 53,113 unrestrained
drivers and 10,324 unrestrained front
outboard passengers were, on average,
injured annually. After adjusting these
to account for future decreases in
fatalities and injuries projected to occur
in the absence of the proposed
requirements due to the introduction of
other mandatory safety technologies
(e.g., electronic stability control), there
were, on average, 6,733 fatalities and
47,952 injuries to unrestrained front seat
occupants each year. This is the overall
target population—the annual deaths
and injuries that the proposed
requirements are aimed at reducing.
According to the NOPUS, 90.6% of
the drivers used the seat belt in 2021,
which is slightly higher when compared
to passengers in the right-front seating
position with an observed belt use rate
of 89.4%.279 In order to estimate the
percentage of drivers and front
passengers who do not always use a seat
belt, we used the results from a 2004
analysis using data from the Household
Component of the 2002 Medical
Expenditure Panel Survey (MEPS–
HC) 280 that found that among persons
16–64 years of age, 87.7 percent
reported always or nearly always using
seat belts when driving or riding in a
car. Another 6.9 percent reported
sometimes using seat belts, while 5.4
percent reported seldom or never using
278 See
PRIA, Table 73.
Center for Statistics and Analysis.
(2021, December). Seat belt use in 2021—Overall
results (Traffic Safety Facts Research Note. Report
No. DOT HS 813 241). National Highway Traffic
Safety Administration.
280 May Chu, ‘‘Statistical brief #62: Characteristics
of Persons Who Seldom or Never Wear Seat Belts
2002.’’ https://meps.ahrq.gov/data_files/
publications/st62/stat62.pdf.
279 National
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seat belts when driving or riding in a
car. These results are summarized in
table 13. This means, when an
observation is made about the
percentage of drivers who use the seat
belts, the observed belt use rate is higher
than 87.7% since the other groups
would contribute to the observed belt
use rate although they are not always
using the seat belts. NHTSA recognizes
that driving habits may or may not have
changed since 2002 as seat belt use rates
have increased and as new generations
of drivers and passengers are on the
road. NHTSA considered, but
tentatively decided not to use, the
results of more recent studies, such as
the (2016) Motor Vehicle Occupant
Safety Survey 281 to estimate the
percentage of drivers and front
passengers who do not always use a seat
belt. While the 2016 MVOSS is more
recent, we decided to use the 2004
study because we tentatively concluded
that the data provided by the 2004 study
best suited the needs of our analysis.
Given that most data on seat belt use is
self-reported, the 2004 study has a high
sample size (approximately 25,000) 282
and provides robust categorizations of
seat belt use that fits the needs of our
analysis. Furthermore, when comparing
this data to the findings of the 2016
MVOSS, we did not find evidence that
these trends have significantly changed
over time.283 NHTSA seeks comment on
instead using the results of more recent
studies, such as the 2016 MVOSS, or
other data sources commenters are able
to identify.
281 Spado, D., Schaad, A., & Block, A. (2019,
December). 2016 motor vehicle occupant safety
survey; Volume 2: Seat belt report (Report No. DOT
HS 812 727). National Highway Traffic Safety
Administration.
282 Compared to the 2016 MVOSS, which had,
depending on the question, sample sizes of
approximately 5,000 to 10,000.
283 For example, the 2016 MVOSS found that
about 6% of drivers reported using their belt
sometimes (most of the time or some of the time.
See pg. 7 (Fig. 5) in the MVOSS.
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TABLE 13—SEAT BELT USE
CHARACTERISTICS
Belt user and related items
Rate
(%)
A reported ‘‘sometimes using
seat belts’’ .........................
A reported ‘‘seldom or never
using seat belts when driving or riding in a car’’ ........
Percentage of drivers who
always use seat belts, calculated ...............................
87.7
Total ...............................
100.0
6.9
5.4
As we did for the rear seats, NHTSA
estimated the effectiveness and benefits
associated with requiring a seat belt
warning system that remains activated
until the seat belts are buckled for the
driver and front outboard passenger
seats. In developing this estimate,
NHTSA used the results of a study
conducted by the Insurance Institute for
Highway Safety (IIHS) by Kidd et al.
(2019) 284 In the Kidd et al. (2019) study,
part-time belt users (who had a recent
seat belt citation and reported not
always using a seat belt) drove two
vehicles for a certain period of time, a
Chevrolet with three intermittent 7second audible warnings followed by
either a BMW with a 100-second
audible warning (n=17) or a Subaru
with an audible warning that continues
until the seat belt is buckled (n=16). (All
of the vehicles provided a visual
warning that lasted until the seat belt
was buckled.) Kidd et al. found that,
relative to the intermittent reminder
(i.e., 7-second audible reminder), the
BMW warning with the 100-second
audible reminder increased seat belt use
by 30% and the Subaru warning with
284 ‘‘The effects of persistent audible seat belt
reminders and a speed-limiting interlock on the seat
belt use of drivers who do not always use a seat
belt,’’ April 2019, David G. Kidd Insurance Institute
for Highway Safety, Jeremiah Singer Westat, Inc.
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the indefinite audible warning increased
belt use by 34%.285
NHTSA estimates, based on the
NOPUS, Chu, and IIHS studies, that a
requirement for an indefinite duration
audible seat belt warning would
increase the overall observed seat belt
use rate by 2.8 percentage points for the
driver and 2.4 percentage points for the
front outboard passenger from current
observed seat belt use levels.
NHTSA also reviewed manufacturer
data for model year 2020 vehicles to
determine market penetration of
indefinite duration seat belt warning
systems in the front outboard seats and
that of a 90-second or greater duration
warning and obtained the estimates in
table 14.
trucks and vans).286 Seat belts reduce
the risk of moderate to greater severity
injuries by up to 50%.287
TABLE 14—MARKET PENETRATION OF
Based on the estimated seat belt
DIFFERENT DURATION SEAT BELT warning system effectiveness in
increasing seat belt use, the market
AUDIBLE WARNING SYSTEMS
penetration of different duration seat
belt audible warning systems, and the
Percentage
SBWS system
of sales
effectiveness of seat belts in mitigating
fatalities and injuries, NHTSA estimates
<90 second warning .............
7.6
that requiring an audio-visual seat belt
90 second and 90+ but not
indefinite ............................
85.2 warning that remains activated until the
seat belt is buckled (indefinite duration)
Enhanced—Warning until
seat belt is buckled ...........
7.2 would prevent 65 driver fatalities, 11
front outboard passenger fatalities, and
For front seat occupants, seat belts
a total of 211 injuries annually, as
reduce the risk of fatality by 44% (for
shown in table 15. This results in 92
passenger cars) and 73% (for light
equivalent lives saved (Table 16).
TABLE 15—ESTIMATED ANNUAL BENEFITS—LIVES SAVED AND INJURIES PREVENTED—INDEFINITE SBWS (FRONT
OUTBOARD SEATS)
Injury level
MAIS
MAIS
MAIS
MAIS
MAIS
1
2
3
4
5
Front
passenger
Driver
Total
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
20.7
120.0
21.6
17.4
0.5
3.7
20.5
3.9
3.1
0.1
24.4
140.5
25.5
20.5
0.6
Total Injuries .........................................................................................................................
180.2
31.2
211.4
Fatal .............................................................................................................................................
65.9
11.4
77.3
The estimated annual benefits in
terms of equivalent lives saved is shown
in Table 17.
TABLE 16—ESTIMATED ANNUAL BENEFITS—EQUIVALENT LIVES SAVED—INDEFINITE SBWS
[Front Outboard Seats]
ddrumheller on DSK120RN23PROD with PROPOSALS2
Undiscounted
3% Discount
rate
7% Discount
rate
Driver ...........................................................................................................................................
Front Passenger ..........................................................................................................................
78.7
13.6
65.2
11.3
52.8
9.2
Total ......................................................................................................................................
92.3
76.5
62.0
We also estimated the costs of the
proposed requirements. Since all driver
seats are required to have at least the
basic warning system, the incremental
cost of enhanced seat belt warning for
the driver seat is zero. We assume there
would be some labor costs associated
with software updates needed to extend
the warning. However, as this is a
simple programming change, this cost
would be amortized over each vehicle’s
production and is therefore considered
de minimis. Though there are no
requirements for a seat belt warning
system for the front outboard passenger
seat, NHTSA estimates that 96 percent
of vehicles have seat belt warning
systems on the front outboard passenger
seat. NHTSA estimated the cost of
equipping a seat belt warning system in
the front outboard passenger seat to be
$2.13 per seat. Therefore, the cost of
equipping the remaining 4 percent of
the 16 million new vehicle fleet is $1.36
million (= 16 million × 4 percent ×
$2.13).
Based on the foregoing, we performed
benefit-cost and cost-effectiveness
analyses. The estimated net benefits are
presented in table 17 and the costeffectiveness estimates are presented in
Table 18.
285 There were several limitations in this study,
the main one being that the number of study
participants was small, and, consequently, there
was limited statistical power when comparing the
change in rate of belt use between the different
vehicle technology conditions. The study further
discusses this and other limitations, such as how
the demographics of the study sample differs from
part-time belt users nationwide.
286 See PRIA, Table 30.
287 See PRIA, Table 30.
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TABLE 17—ANNUAL MONETIZED BENEFITS, COSTS AND NET BENEFITS—INDEFINITE SBWS (FRONT OUTBOARD SEATS)
[2020 dollars, in millions]
Driver
Undiscounted
Front passenger
3%
7%
Undiscounted
3%
Driver and Front Passenger
7%
%
%
%
Passenger Car Benefits ....................................
Light Truck & Van Benefits ...............................
$422.5
520.4
$353.0
427.6
$288.0
344.8
$79.9
83.4
$66.7
68.5
$54.4
55.2
$502.4
603.8
$419.7
496.1
$342.4
400
Total Benefits .............................................
Total Costs .................................................
942.9
0
780.5
0
632.8
0
163.3
1.36
135.2
1.36
109.7
1.36
1,106.2
1.36
915.8
1.36
742.5
1.36
Net Benefits .......................................................
942.9
780.5
632.8
161.9
133.9
108.3
1,104.8
914.4
741.1
TABLE 18—COST-EFFECTIVENESS ANALYSIS (COST PER EQUIVALENT LIFE SAVED)—INDEFINITE SBWS (FRONT
OUTBOARD SEATS)
[2020 dollars, in millions]
Discount rate
ELS
3% ................................................................................................................................................
7% ................................................................................................................................................
3. Overall Benefits and Costs of Proposal
In Table 19, we combine the benefits
and costs for the proposed rear and front
seat belt warning requirements. We
estimate positive net benefits under all
Cost
76.5
62.0
Cost/ELS
$1.36
1.36
$0.018
0.022
discount rates and effectiveness
estimates.
TABLE 19—NET BENEFITS FROM THE PROPOSAL (SBWS FOR REAR SEATING POSITIONS AND INDEFINITE SBWS FOR
FRONT OUTBOARD SEATING POSITIONS)
[2020 dollars, in millions]
3% Discount
rate
Front Outboard Seats ..............................................................................................................................................
Rear Seats (3% increase in rear seat belt use) ......................................................................................................
Rear Seats (5% increase in rear seat belt use) ......................................................................................................
Total Net Benefits (3% increase in rear belt use) ...................................................................................................
Total Net Benefits (5% increase in rear belt use) ...................................................................................................
In Table 20, we combine the
equivalent lives saved and cost for the
proposed rear and front seat belt
$914.4
95.6
228.3
1,010.0
1,142.7
7% Discount
rate
$741.1
46.2
153.9
787.4
895.0
warning requirements to determine the
cost per equivalent life saved.
TABLE 20—COST PER EQUIVALENT LIVES SAVED FROM THE PROPOSAL (SBWS FOR REAR SEATING POSITIONS AND
INDEFINITE SBWS FOR FRONT OUTBOARD SEATING POSITIONS)
[2020 dollars, in millions]
3% Discount rate
Category
Rear Seat Occupants ................
ddrumheller on DSK120RN23PROD with PROPOSALS2
Front Seat Occupants ................
Total ....................................
%
Equivalent
lives saved
3
5
21.9
32.9
76.5
98.4
109.4
3
5
B. Regulatory Alternatives
In the preceding sections of this
document, we discussed various
alternatives for different aspects of the
proposed requirements. In Section XIII,
Regulatory Alternatives, we identified
five major alternatives that we
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7% Discount rate
Cost per
equivalent
lives saved
Cost
$166.4
1.4
167.8
$7.61
5.05
0.018
1.71
1.53
considered. We quantified the costs and
benefits of three of these alternatives
(rear-seat occupant detection, a 90second front outboard seat belt warning,
and front center seat belt warning).
Below, we briefly summarize our
results. For a more detailed discussion,
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Equivalent
lives saved
17.7
26.7
62.0
79.7
88.7
Cost
Cost per
equivalent
lives saved
$166.4
1.4
167.8
$9.38
6.23
0.022
2.11
1.89
the reader is referred to the Preliminary
Regulatory Impact Analysis in the
docket for this rulemaking.
1. Occupant Detection in Rear Seats
For the rear seat belt reminder,
NHTSA is proposing to specify three
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different compliance options. One of
these (the positive-only system) would
not necessitate occupant detection,
while the other two (the negative-only
and full-status) would necessitate
occupant detection. NHTSA estimated
the costs and benefits of requiring a
system with occupant detection.
NHTSA’s teardown analysis indicates
that occupant detection components
cost $39.75 per vehicle, which, added to
the $19.59 per vehicle cost of the buckle
sensor, results in a combined warning
system cost of $59.33 per vehicle (2020
$). NHTSA estimates that about 47
percent of new vehicles have a SBWS
for the rear seating positions and 7
percent of new vehicles have occupant
detection in rear seats. If NHTSA
selected the regulatory alternative where
occupant detection is required, this
would result in a total cost of $757.7M.
This cost estimate is based on the
assumption that 53 percent of new
vehicles would need to install a seat belt
sensor in the rear seats and 93 percent
would need to also install occupant
detection in the rear seats to comply
with the regulatory requirement.
Because there is uncertainty in how
much more effective a SBWS with
occupant detection would be in
increasing seat belt use compared to the
already estimated increase in seat belt
use with the proposed SBWS without
occupant detection, NHTSA did not
conduct a cost-effectiveness and net
benefits analysis. Instead, NHTSA
estimated the minimum increase in seat
belt use for this regulatory alternative
that would result in overall benefits
equal to the overall costs (zero net
benefits). The agency estimated that seat
belt use for rear seat occupants 11 years
and older would need to increase by
approximately 9.4 percent when
discounted at 3 percent and 11.6
percent when discounted at 7 percent
for this regulatory alternative to result in
zero net benefits. Therefore, increase in
seat belt use from this regulatory
alternative would need to be greater
than 9.4 percent at 3 percent discount
rate and greater than 11.6 percent at 7
percent discount rate for positive net
benefits. A 9 to 12 percent increase in
seat belt use is about 2 to 3 times greater
than that estimated for the proposed
SBWS requirement. The SBWS
considered under this regulatory
alternative are capable of letting the
driver know, for occupied rear seats,
either which occupants are not using
their seat belts or how many of the rear
seat occupants are not using their seat
belts. While we would expect some
possible increase in seat belt use from
that specific functionality, it is doubtful
that it would double or triple the
increase in seat belt use estimated for
SBWS without occupant detection.
Therefore, we do not expect this
regulatory alternative to be cost-effective
or net beneficial.
2. 90-Second Front Outboard Seat Belt
Warning
NHTSA also estimated the costs and
benefits if it were to require a 90-second
audio-visual warning for the front
outboard seats instead of the proposed
requirement for a warning that lasts
until the belt and any occupied seat is
buckled. NHTSA estimated the benefits
in a similar manner as that for the
proposed seat belt warning for front seat
occupants where the warning remains
on until the seat belt is buckled. One
difference is that, for the 90-second
duration alternative, we assumed that
the drivers and passengers who identify
as never using a seat belt would likely
not use the seat belt with a 90-second
duration warning. Another difference is
that this alternative only affects 7.6
percent of the vehicle fleet with front
seat occupant seat belt warning with
duration less than 90 seconds.
The benefits of this alternative are
presented in Table 21.
TABLE 21—INJURIES PREVENTED, LIVES SAVED, AND EQUIVALENT LIVES SAVED IN FRONT OUTBOARD SEATS BY A 90SECOND DURATION SBWS
Injuries and fatalities prevented
Injury level
MAIS 1 .............................................................................................................
MAIS 2 .............................................................................................................
MAIS 3 .............................................................................................................
MAIS 4 .............................................................................................................
MAIS 5 .............................................................................................................
Fatal .................................................................................................................
Total ..........................................................................................................
About 7 equivalent lives are saved by
this alternative, which is significantly
lower than the 86 equivalent lives saved
by a warning that remains on until the
seat belt is buckled. The cost of this
Driver
Front
passenger
1.84
9.85
1.77
1.43
0.04
5.29
........................
0.22
1.18
0.22
0.18
0.00
0.65
........................
alternative is the same as that for the
proposed warning. The only cost is that
for the 4 percent of vehicles without a
seat belt warning system in the front
outboard passenger seat (cost = $1.36
Equivalent lives saved
Front
passenger
Driver
0.01
0.46
0.19
0.38
0.02
5.29
6.34
0.00
0.05
0.02
0.05
0.00
0.65
0.77
million). The annual monetized
benefits, costs, and net benefits of this
alternative are shown in Table 22.
ddrumheller on DSK120RN23PROD with PROPOSALS2
TABLE 22—ANNUAL MONETIZED BENEFITS, COSTS AND NET BENEFITS FOR A 90-SECOND DURATION SBWS IN FRONT
OUTBOARD SEATS 288
[2020 dollars, in millions]
Driver
Front passenger
Driver and front passenger
Vehicle type
Undiscounted
3%
7%
Undiscounted
3%
7%
Undiscounted
3%
7%
PC ..............................
LTV .............................
$35.3
40.7
$29.5
33.4
$25.4
26.9
$4.7
4.6
$3.9
3.8
$3.2
3.1
$40.0
45.2
$33.4
37.2
$27.2
30.0
Total Benefits ......
75.9
62.9
51.0
9.3
7.7
6.2
85.2
70.6
57.2
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TABLE 22—ANNUAL MONETIZED BENEFITS, COSTS AND NET BENEFITS FOR A 90-SECOND DURATION SBWS IN FRONT
OUTBOARD SEATS 288—Continued
[2020 dollars, in millions]
Driver
Front passenger
Driver and front passenger
Vehicle type
Undiscounted
Costs ..........................
Net Benefits ...............
3%
0
75.9
7%
0
62.9
While this regulatory alternative is
cost effective, the benefits are
significantly lower than that of the
proposed warning.
Undiscounted
0
51.0
1.36
7.9
3%
1.36
6.3
3. Seat Belt Warning for Front Center
Seat
The agency also considered requiring
a seat belt warning system for the front
center seating position. To estimate
incremental benefits, NHTSA used the
7%
Undiscounted
1.36
4.9
3%
1.36
83.8
7%
1.36
69.2
1.36
55.9
2011–2015 FARS data, the adjustment
factors to account for safety impacts of
new required safety technologies, and
the injury-to-fatality ratios by injury
severity to establish the target
population addressed by this regulatory
alterative (Table 23).
TABLE 23—ANNUAL ADJUSTED FATALITIES AND NON-FATAL INJURIES TO FRONT CENTER SEAT PASSENGERS
Vehicle type
Injury severity
PC ....................................................
LTV ...................................................
MAIS
MAIS
MAIS
MAIS
MAIS
1
2
3
4
5
Restrained
Unrestrained
Total
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
11
5
1
1
0
15
7
2
1
0
26
11
3
2
0
Total Injuries (MAIS 1–5) ..............................................
Fatal ..............................................................................
18
2
25
3
43
6
MAIS
MAIS
MAIS
MAIS
MAIS
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
23
8
0
0
0
112
38
0
2
0
135
46
0
2
0
Total Injuries (MAIS 1–5) ..............................................
Fatal ..............................................................................
31
5
152
23
183
28
1
2
3
4
5
Due to a lack of data, NHTSA is
unable to establish the seat belt use rate
for front center passengers under the
baseline. Also, due to this limitation,
the agency cannot estimate the increase
in seat belt use rates under this
regulatory alternative. Since front center
seat passengers are most similar to right
front seat passengers, NHTSA used the
effectiveness rates calculated for
indefinite duration seat belt warning
system for the front outboard passenger
seat to estimate incremental benefits as
shown in Table 24.
TABLE 24—INCREMENTAL BENEFITS FOR INDEFINITE DURATION SBWS IN FRONT CENTER SEATING POSITION
Injury severity
Observed injuries
Calculated
effectiveness of
indefinite duration
SBWS for front
outboard
passenger seats
(%)
26
11
3
2
0
6
0.03
0.41
0.41
0.41
0.41
0.43
0.0078
0.0466
0.0129
0.0093
0.0002
0.0241
135
0.03
0.0405
Incremental
benefits
ddrumheller on DSK120RN23PROD with PROPOSALS2
Passenger Cars
MAIS 1 .......................................................................................................................
MAIS 2 .......................................................................................................................
MAIS 3 .......................................................................................................................
MAIS 4 .......................................................................................................................
MAIS 5 .......................................................................................................................
Fatal ...........................................................................................................................
LTVs
MAIS 1 .......................................................................................................................
288 See
PRIA, Table 92.
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TABLE 24—INCREMENTAL BENEFITS FOR INDEFINITE DURATION SBWS IN FRONT CENTER SEATING POSITION—Continued
Injury severity
Observed injuries
Calculated
effectiveness of
indefinite duration
SBWS for front
outboard
passenger seats
(%)
46
0
2
0
28
0.41
0.41
0.41
0.41
0.43
MAIS 2 .......................................................................................................................
MAIS 3 .......................................................................................................................
MAIS 4 .......................................................................................................................
MAIS 5 .......................................................................................................................
Fatal ...........................................................................................................................
The cost for front center passenger
seats would include the cost for a
buckle sensor and occupant detection.
Therefore, the cost per vehicle for this
regulatory alternative is $14.86 in 2020
dollars. This cost estimate reflects a cost
of $2.13 to add a buckle sensor and the
cost to add occupant detection for
$12.73.
In assessing the number of vehicles
that would be impacted by this
regulatory alternative, we consider that
the front center seat is not a common
feature in new light vehicles. Based on
our engineering judgement, we expect
Incremental
benefits
0.1878
0.0012
0.0088
0.0006
0.1203
that 800,000 vehicles or five percent of
the new vehicle fleet include a center
seating position. Table 25 presents the
total cost to meet the requirements
under this regulatory alternative for an
indefinite duration SBWS for front
center passenger seats.
TABLE 25—TOTAL COST OF INDEFINITE DURATION SBWS FOR FRONT CENTER PASSENGER SEATS
Number of vehicles impacted
Per vehicle
cost
Total cost
800,000 ....................................................................................................................................................................
$14.86
$11,888,000
Table 26 presents the of the costeffectiveness analysis and Table 27
presents the benefit-cost analysis for
this regulatory alternative. When
discounted at three and seven percent,
the cost per ELS is approximately $88.9
million and $110.0 million, respectively
and the net benefits are negative for this
regulatory alternative. Because the cost
per ELS is higher than the
comprehensive cost of a fatality and the
net benefits are negative, this regulatory
alternative is not cost-effective.
TABLE 26—COST-EFFECTIVENESS ANALYSIS FOR SBWS FRONT CENTER SEAT PASSENGERS
[Millions]
Discounted at 3%
Category
Discounted at 7%
Equivalent
lives saved
Cost
Cost per
equivalent
lives saved
Equivalent
lives saved
Cost
Cost per
equivalent
lives saved
0.1337
$11.89
$88.91
0.1081
$11.89
$110.00
Front Center Seat ....................................
TABLE 27—BENEFIT-COST ANALYSIS FOR SBWS FRONT CENTER SEAT PASSENGERS
[Millions]
Discounted at 3%
Category
Monetized
benefits
Cost
Net benefits
Monetized
benefits
Cost
Net benefits
$1.60
$11.89
¥$10.29
$1.29
$11.89
¥$10.59
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Front Center Seat ....................................
XV. Proposed Effective Date
We received one comment responding
to the ANPRM on the effective date. The
commenter said that adequate lead-time
and phase-ins should be provided. With
respect to eliminating the eight-second
limitation for the front seat
requirements, the commenter stated that
R16 and the corresponding FMVSS
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Discounted at 7%
requirements are safety neutral, so
compliance with either of these
requirements should be permitted for a
sufficient period of time to permit the
orderly phase-out of current models
with long product refresh cycle
durations.
In order to accelerate the fleet
penetration of the proposed seat belt
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warning requirements and to achieve
the associated benefits as quickly as
reasonably possible, NHTSA proposes
an effective date of the first September
1 that is one year after the publication
of the final rule for the front seat belt
warning system requirements and the
first September 1 that is two years after
the publication of the final rule for the
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rear seat belt warning system
requirements, with optional early
compliance permitted. For example, if
the final rule were published on October
1, 2022, the effective date would be
September 1, 2024, for the front seat belt
warning system requirements and
September 1, 2025, for the rear seat belt
warning system requirements.
Consistent with 49 CFR 571.8(b), multistage manufacturers and alterers would
have an additional year to comply.
To equip vehicles with one of the
proposed rear seat belt warning systems,
a manufacturer could utilize existing
vehicle components such as door
sensors, audible signals, and the center
console display. Integrating a rear seat
belt warning system in vehicles would
require equipping the rear seats with
certain components most vehicles do
not already have, such as the
appropriate seat belt use sensing
technology (seat belt latch sensors,
which are readily available).
Manufacturers would also have to
redesign the hardware and software as
necessary to incorporate the required
signals, incorporate new visual signals
in the instrument panel (if the visual
signal is located there) and validate the
performance of these components and
systems. These endeavors take time,
which we estimate to be two years.
On the other hand, almost all vehicles
(96%) already have a front outboard
passenger seat belt warning system. The
majority of vehicle manufacturers
would simply have to make software
adjustments necessary to ensure it meets
the proposed requirements. Occupant
detection technology is readily available
and the majority of the front outboard
passenger seats already have a seat belt
warning or occupant sensing technology
needed to meet the proposed
requirements. We acknowledge that a
small portion of vehicles (4%) that do
not have a front outboard passenger seat
belt warning system will require
hardware and software adjustments, but
this is not a new technology and we
believe manufacturers can focus their
resources accordingly to meet the front
seat belt warning system requirements
earlier than the rear seat belt warning
system requirements.
Overall, the proposed seat belt
warning requirements should not
require much interior redesign, nor
should they require the use of much
new technology. When the FMVSS No.
208 driver seat belt warning was first
required in 1971, less than a year of lead
time was given for vehicles that chose
a compliance option that required the
warning.289 We believe that the
289 36
FR 4600 (Mar. 10, 1971).
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proposed effective dates will provide
manufacturers with sufficient time to
integrate the proposed rear and front
passenger seat belt warnings (if one is
not already in place).
At the same time, we appreciate the
challenges multi-stage manufacturers
and alterers may face as a result of these
new rear seat belt warning requirements
in terms of obtaining and implementing
the necessary hardware. We note,
however, that most of the components
necessary to meet the proposed
minimum performance requirements for
the proposed seat belt warnings are
readily available from original
equipment manufacturers and we do not
foresee any major delays in obtaining
them. In order to provide flexibility to
these small businesses, and in
accordance with 49 CFR 571.8(b), multistage manufacturers and alterers would
have an extra year of lead time.
We seek comment on these issues. If
a commenter believes one year does not
provide sufficient lead time for the front
seat warning, NHTSA seeks comment
on the types of vehicles for which
additional lead time is requested and
the basis for such a request.
Alternatively, if a commenter believes
the compliance period is too long in
light of the safety considerations
addressed in this NPRM, NHTSA seeks
comment on an alternative compliance
period.
XVI. Regulatory Analyses
Executive Order 12866, Executive Order
14094, Executive Order 13563, and DOT
Regulatory Policies and Procedures
We have considered the potential
impact of this proposed rule under
Executive Order 12866, Executive Order
14094, Executive Order 13563, DOT
Order 2100.6A and the Department of
Transportation’s regulatory policies and
procedures.290 The Office of
Management and Budget has
determined that this proposed rule is a
significant regulatory action and was
reviewed under section 3(f)(1) of E.O.
12866, as amended by E.O. 14094.
Pursuant to E.O. 12866 and the
Department’s policies, we have
identified the problem this proposed
rule addresses, assessed the benefits and
costs, and considered alternatives.
These analyses have been summarized
in Section VI, Safety Need and Section
XIV, Overview of Benefits and Costs and
are discussed in more detail in the
docketed preliminary regulatory impact
analysis.
290 49
CFR part 5, subpart B; Department of
Transportation Order 2100.6A, Rulemaking and
Guidance Procedures, June 7, 2021.
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61729
Promoting International Regulatory
Cooperation
The policy statement in section 1 of
Executive Order 13609 provides that the
regulatory approaches taken by foreign
governments may differ from those
taken by the United States to address
similar issues, and that in some cases
the differences between them might not
be necessary and might impair the
ability of American businesses to export
and compete internationally. It further
recognizes that in meeting shared
challenges involving health, safety, and
other issues, international regulatory
cooperation can identify approaches
that are at least as protective as those
that are or would be adopted in the
absence of such cooperation and can
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements.
In addition, section 24211 of the
Infrastructure, Investment, and Jobs Act,
Global Harmonization, provides that
DOT ‘‘shall cooperate, to the maximum
extent practicable, with foreign
governments, nongovernmental
stakeholder groups, the motor vehicle
industry, and consumer groups with
respect to global harmonization of
vehicle regulations as a means for
improving motor vehicle safety.’’ 291
In developing this proposal, our
intent was to harmonize with ECE R16
and Euro NCAP as much as possible,
but deviate where we believed it was
justified with respect to the Safety Act
criteria (need for safety, objectivity,
practicability). The tentative reasons for
following or deviating in any of these
respects are explained in detail in the
relevant section of the preamble. In
general, we believe that although the
proposal deviates from R16 in some
ways, the two are not incompatible, so
that it is possible to design a rear
reminder system that complies with the
proposed requirements and is
compatible with R16. Further, almost all
international NCAP programs, including
those in Europe, Japan, China, Korea,
Latin America, Southeast Asia, and
Australia and New Zealand award
points to vehicles that are equipped
with seat belt warning systems for
passenger seating positions. Thus, the
proposed requirements are consistent
with these international programs and
complement those international efforts
to increase seat belt use by all vehicle
occupants.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq., as amended by
291 H.R.
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the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency is required
to publish an NPRM or final rule, it
must prepare and make available for
public comment a regulatory flexibility
analysis (RFA) that describes the effect
of the rule on small entities (i.e., small
businesses, small organizations, and
small governmental jurisdictions). The
Small Business Administration’s
regulations at 13 CFR part 121 define a
small business, in part, as a business
entity ‘‘which operates primarily within
the United States.’’ (13 CFR 121.105(a)).
No regulatory flexibility analysis is
required if the head of an agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
will not have a significant economic
impact on a substantial number of small
entities.
NHTSA has considered the effects of
this proposed rule under the Regulatory
Flexibility Act. According to 13 CFR
121.201, the Small Business
Administration’s size standards
regulations used to define small
business concerns, manufacturers of the
vehicles covered by this final rule
would fall under North American
Industry Classification System (NAICS)
No. 336211, Automobile Manufacturing,
which has a size standard of 1,000
employees or fewer.
NHTSA estimates that there are three
small light vehicle manufacturers in the
U.S. We estimate that there are several
hundred second-stage or final-stage
manufacturers and alterers that could be
impacted by a final rule. The agency has
analyzed the economic impact on these
entities. For the reasons discussed
below and in the PRIA, we tentatively
conclude that if made final, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
The proposed rule would directly
affect motor vehicle manufacturers.
However, we believe that the proposed
rule would not have a significant
economic impact on these entities.
Small manufacturers are already
certifying their vehicle’s compliance, for
the driver position, with FMVSS No.
208’s seat belt warning system
requirements. The means they use to
certify to the current requirements
would be similar to or the same as those
they would use to certify to the
proposed rear seat belt warning
requirements.
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Further, the proposed compliance test
is a relatively simple test, involving a
test technician positioning a person or
test dummy in a seat and checking if the
requisite signals activate. Checking to
see if visual and audible warnings
activate for the driver seat belt warning
system has been a part of FMVSS No.
208 compliance testing for many years,
and manufacturers are knowledgeable
about conducting such tests.
Small manufacturers have options
available to certify compliance, none of
which will result in a significant
economic impact on these entities. The
manufacturers can and do obtain seating
systems from seat suppliers and install
the seats on the body following the
instructions of the seat supplier. Seat
and seat belt suppliers are large entities
with resources available to assist small
manufacturers in incorporating the seat
belt warning systems, if manufacturers
need technical assistance (which we do
not think they will need, given the
simplicity of the systems, particularly
those rear systems that do not involve
occupant detection). We do not believe
that current manufacturing practices
would have to change significantly as a
result of a final rule.
In addition, we also believe that the
proposed rulemaking would not have a
significant impact on small and limitedline vehicle manufacturers because the
market for the vehicles produced by
these entities is highly inelastic.
Purchasers of these vehicles are
attracted by the desire to have an
unusual vehicle. Further, all light
vehicles would have to comply with the
proposed requirements. Since the price
of complying with the proposed rule
would likely be passed on to the final
consumer, the price of competitor’s
models would increase by similar
amounts. Further, we do not believe that
raising the price of a vehicle to include
the cost of a rear seat belt warning
system would have much, if any, effect
on vehicle sales.
There are a significant number
(several hundred) of second-stage or
final-stage manufacturers and alterers
that would be impacted by a final rule.
These manufacturers buy incomplete
vehicles to finish as complete vehicles
or modify previously-certified vehicles.
Many of these latter vehicles are van
conversions; there are a variety of
vehicles affected.
To produce a vehicle, a final-stage
manufacturer can either stay within the
incomplete vehicle document (IVD)
furnished by the incomplete vehicle
manufacturer (which are typically large
vehicle manufacturers, such as GM or
Ford), or the final-stage manufacturer
can work with incomplete vehicle
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manufacturers to enable the final-stage
manufacturer to certify to the new
requirements.292 The final-stage
manufacturer can also certify to the
standard using due care based on an
assessment of the information available
to the manufacturer.
While there are a substantial number
of multi-stage manufacturers that could
be impacted by the proposed rule, we
believe that the impact on them would
not be significant. We note that these
manufacturers are already certifying
their vehicles to FMVSS No. 208’s seat
belt warning system requirements that
apply to the driver seating position.
They are already familiar with the
equipment and manufacturing processes
involved to certify their vehicles to seat
belt warning system requirements.
Further, we anticipate that final-stage
manufacturers will base their vehicles
on incomplete vehicles that already
have the SBRS installed rather than
install the systems themselves.
For final-stage manufacturers working
with incomplete vehicles that do not
have rear seats or SBRSs already
installed, we tentatively believe that
completing vehicles to meet the
proposed requirements would be
practicable. The manufacturers can
obtain seats and seat belt systems (with
seat belt warning system) from
suppliers. NHTSA recognizes that the
suppliers might be supplying larger
vehicle manufacturers during the
development and lead time period, and
do not have the capabilities to handle
all of the smaller manufacturers,
including final-stage manufacturers. The
rulemaking proposal accounts for this
limitation by proposing to allow finalstage manufacturers an additional year
to comply with the proposed
requirements, to provide flexibility to
these small entities and reduce the
economic impact of the proposed rule
on them. (See also 49 CFR 571.8(b).)
For an alterer (a person who alters by
addition, substitution or removal of
components [other than readily
attachable components] a certified
vehicle before the first purchase of the
vehicle other than for resale), the
impacts of the proposed rule would not
be significant. The proposed rule would
allow alterers an additional year to
comply with the proposed
requirements. If an alterer is removing
292 For a discussion of NHTSA’s certification
regulations for final stage manufacturers, see 71 FR
28168, May 15, 2006, Docket No. NHTSA–2006–
24664, Response to petitions for reconsideration of
a final rule implementing regulations pertaining to
multi-stage vehicles and to altered vehicles. The
Background section of that document provides
concepts and terminology relating to the
certification of multi-stage vehicles.
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rear seats, the person making the
alteration would simply have to be
careful not to affect the compliance of
the seat belt warning system for the
remaining seats. (See 49 CFR 571.8(b).)
An alterer that is adding rear seats
could obtain seating systems with seat
belt warning systems from seat
suppliers and install the seats on the
body following the instructions of the
seat supplier. Changes may have to be
made to the instrument panel area to
add the requisite visual signal, but the
proposed rule provides flexibility to
manufacturers in providing the visual
signal.
Executive Order 13132 (Federalism)
NHTSA has examined this proposed
rule pursuant to Executive Order 13132
(64 FR 43255; Aug. 10, 1999) and
concluded that no additional
consultation with States, local
governments, or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the proposed rule does not have
sufficient federalism implications to
warrant consultation with State and
local officials or the preparation of a
federalism summary impact statement.
The proposed rule does not have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
NHTSA rules can have preemptive
effect in two ways. First, the National
Traffic and Motor Vehicle Safety Act
contains an express preemption
provision: When a motor vehicle safety
standard is in effect under this chapter,
a State or a political subdivision of a
State may prescribe or continue in effect
a standard applicable to the same aspect
of performance of a motor vehicle or
motor vehicle equipment only if the
standard is identical to the standard
prescribed under this chapter. 49 U.S.C.
30103(b)(1). It is this statutory command
by Congress that preempts any nonidentical State legislative and
administrative law address the same
aspect of performance.
The express preemption provision
described above is subject to a savings
clause under which ‘‘[c]compliance
with a motor vehicle safety standard
prescribed under this chapter does not
exempt a person from liability at
common law.’’ 49 U.S.C. 30103(e).
Pursuant to this provision, State
common law tort causes of action
against motor vehicle manufacturers
that might otherwise be preempted by
the express preemption provision are
generally preserved. However, the
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Supreme Court has recognized the
possibility, in some instances, of
implied preemption of State common
law tort causes of action by virtue of
NHTSA’s rules—even if not expressly
preempted.
This second way that NHTSA rules
can preempt is dependent upon the
existence of an actual conflict between
an FMVSS and the higher standard that
would effectively be imposed on motor
vehicle manufacturers if someone
obtained a State common law tort
judgment against the manufacturer—
notwithstanding the manufacturer’s
compliance with the NHTSA standard.
Because most NHTSA standards
established by an FMVSS are minimum
standards, a State common law tort
cause of action that seeks to impose a
higher standard on motor vehicle
manufacturers will generally not be
preempted. However, if and when such
a conflict does exist—for example, when
the standard at issue is both a minimum
and a maximum standard—the State
common law tort cause of action is
impliedly preempted. See Geier v.
American Honda Motor Co., 529 U.S.
861 (2000).
Pursuant to Executive Order 13132,
NHTSA has considered whether this
proposed rule could or should preempt
State common law causes of action. The
agency’s ability to announce its
conclusion regarding the preemptive
effect of one of its rules reduces the
likelihood that preemption will be an
issue in any subsequent tort litigation.
To this end, the agency has examined
the nature (e.g., the language and
structure of the regulatory text) and
objectives of this proposed rule and
does not foresee any potential State
requirements that might conflict with it.
NHTSA does not intend that this
proposed rule preempt state tort law
that would effectively impose a higher
standard on motor vehicle
manufacturers than that established by
this proposed rule. Establishment of a
higher standard by means of State tort
law would not conflict with the
standards proposed in this NPRM.
Without any conflict, there could not be
any implied preemption of a State
common law tort cause of action.
National Environmental Policy Act
NHTSA has analyzed this NPRM for
the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action would not have a significant
impact on the quality of the human
environment.
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61731
Executive Order 12988 (Civil Justice
Reform)
With respect to the review of the
promulgation of a new regulation,
section 3(b) of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996) requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect; (2) clearly specifies
the effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct, while
promoting simplification and burden
reduction; (4) clearly specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. This document is consistent
with that requirement.
Pursuant to this Order, NHTSA notes
as follows. The issue of preemption is
discussed above in connection with E.O.
13132. NHTSA notes further that there
is no requirement that individuals
submit a petition for reconsideration or
pursue other administrative proceeding
before they may file suit in court.
Paperwork Reduction Act
Under the procedures established by
the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501, et. seq.), Federal
agencies must obtain approval from the
OMB for each collection of information
they conduct, sponsor, or require
through regulations. A person is not
required to respond to a collection of
information by a Federal agency unless
the collection displays a valid OMB
control number. In this NPRM, NHTSA
is proposing new information collection
requirements. The OMB has
promulgated regulations describing the
process through which an agency may
request and receive clearance for its
information collections. Under OMB’s
regulation (at 5 CFR 1320.8(d)), an
agency must ask for public comment on
the following: (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
how to enhance the quality, utility, and
clarity of the information to be
collected; and (d) how to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
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electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g. permitting electronic submission of
responses. In compliance with these
requirements, NHTSA asks for public
comments on the Information Collection
Request (ICR) described below for a
revision to NHTSA’s existing clearance
titled ‘‘Consolidated Vehicle Owner’s
Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment’’
(OMB Control No. 2127–0541, which is
being forwarded to OMB for review and
approval.
Title: Consolidated Vehicle Owner’s
Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment.
OMB Control Number: 2127–0541.
Type of Request: Revision of a
previously approved collection.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: 3 years from the date of
approval.
Summary of the Collection of
Information:
The National Traffic and Motor
Vehicle Safety Act authorizes the
Secretary of Transportation (NHTSA by
delegation), at 49 U.S.C. 30111, to issue
Federal Motor Vehicle Safety Standards
(FMVSS) that set performance standards
for motor vehicles and items of motor
vehicle equipment. Further, the
Secretary (NHTSA by delegation) is
authorized, at 49 U.S.C. 30117, to
require manufacturers to provide
information to first purchasers of motor
vehicles or items of motor vehicle
equipment related to performance and
safety in printed materials that are
attached to or accompany the motor
vehicle or item of motor vehicle
equipment. NHTSA has exercised this
authority to require manufacturers to
provide certain specified safety
information to be readily available to
consumers and purchasers of motor
vehicles and items of motor vehicle
equipment. This information is most
often provided in vehicle owners’
manuals and the requirements are found
in 49 CFR parts 563, 571, and 575. This
information collection request only
covers requirements or requests to
provide information that is not provided
verbatim in the regulation or standard.
The information requirements or
requests are included in: Part 563,
‘‘Event data recorders;’’ FMVSS No. 108,
‘‘Lamps, reflective devices, and
associated equipment;’’ FMVSS No. 110,
‘‘Tire selection and rims;’’ FMVSS No.
138, ‘‘Tire Pressure Monitoring
Systems;’’ FMVSS No. 202a, ‘‘Head
restraints;’’ FMVSS No. 205, ‘‘Glazing
materials;’’ FMVSS No. 208, ‘‘Occupant
crash protection;’’ FMVSS No. 210,
‘‘Seat belt assembly anchorages;’’
FMVSS No. 213, ‘‘Child restraint
systems;’’ FMVSS No. 225; ‘‘Child
restraint anchorage systems:’’ FMVSS
No. 226, ‘‘Ejection mitigation;’’ FMVSS
No. 303, ‘‘Fuel System Integrity of
Compressed Natural Gas Vehicles;’’
§ 575.103, ‘‘Truck-camper loading;’’
§ 575.104, ‘‘Uniform tire quality grading
standards;’’ and § 575.105, ‘‘Vehicle
rollover.’’ NHTSA is seeking approval
from OMB for a revision of this
currently approved collection.293
In this NPRM, we propose requiring
that the owner’s manual describe the
vehicle’s seat belt warning system
features, including the location, format,
and meaning of the visual warnings. We
also propose that the owner’s manual
include instructions on how to make
any manual electrical connections for
readily removable seats. The need for
the proposed collection is discussed in
Section X.C.7. If the proposed
requirements are made final, we will
ensure we obtain OMB approval for the
proposed information collection prior to
the effective date of the final rule.
Description of the likely respondents:
Vehicle manufacturers.
Estimated Number of Respondents:
52.
Estimated Total Annual Burden
Hours: 10,172.
This revision would increase the
estimated annual burden hours for
FMVSS No. 208 by 1,544 hours to 4,294
hours (1,544 hours + 2,750 hours) and
the total estimated annual burden hours
to 10,172. The change in burden reflects
changes as a result of the rulemaking
requiring the development of new
information for the owner’s manual
amortized over the 3 years the
information collection is approved for.
NHTSA believes all manufacturers
already have the engineering staff on
hand needed to write the required
instructions, if not already available,
which they will accomplish in the
regular performance of their duties.
More details on the ICR and burden
calculations are found in the 30-day
notice NHTSA published on October 14,
2022 (87 FR 62489).
Table 28 provides a summary of the
estimated hour burden and associated
labor costs.
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TABLE 28—ESTIMATED ANNUAL HOUR BURDEN AND ASSOCIATED LABOR COSTS
Number of
respondents
annually
Part/section
Brief title
563 ....................................................
571.108 .............................................
571.108 .............................................
571.110 .............................................
571.138 .............................................
571.202a ...........................................
571.205 .............................................
571.208 .............................................
571.210 .............................................
571.213 .............................................
571.225 .............................................
571.226 .............................................
571.303 .............................................
575.103 .............................................
575.104 .............................................
Event Data Recorders ......................
Lighting—VHAD ...............................
Lighting—SABs ................................
Tire Selection and Rims ...................
Tire Pressure Monitoring ..................
Head Restraints ...............................
Glazing .............................................
Crash Protection ..............................
Belt Anchors .....................................
Child Restraints ................................
Child Restraint Anchorages .............
Ejection Mitigation ............................
CNG Fuel Systems ..........................
Truck-Camper Loading ....................
Tire Quality .......................................
293 For a full description of the currently
approved information collection, please see the 60-
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22
34
22
0
22
22
34
22
22
22
22
22
15
18
34
day notice NHTSA published on February 22, 2022
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Number of
responses
annually
(i.e., number
owner’s
manuals)
9,405,000
9,405,000
15,048,000
0
18,810,000
18,810,000
19,140
19,360,000
18,810,000
968,000
18,810,000
18,810,000
22,000
2,542,100
15,243,030
Estimated total
annual burden
hours
Estimated total
annual labor
costs at
$50.44/hour
203
383
613
0
438
876
176
4,294
438
20
876
1,205
18.00
35.00
579.00
$10,239
19,319
30,920
0
22,093
44,185
8,877
216,589
22,093
1,009
44,185
60,755
908
1,765
29,205
(87 FR 9787) and the 30-day notice NHTSA
published on October 14, 2022 (87 FR 62489).
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TABLE 28—ESTIMATED ANNUAL HOUR BURDEN AND ASSOCIATED LABOR COSTS—Continued
Part/section
Brief title
575.105 .............................................
Utility Vehicles ..................................
22
Totals .........................................
...........................................................
........................
There are no proposed recordkeeping
requirements associated with this
collection of information.
Estimated total annual costs of the
proposed collection of information:
$8,726,501.
The FMVSS No. 208 seat belt
reminder system owner’s manual
information requirements would require
an estimated additional 4 pages to cover
the general system information and the
information on manual electrical
Number of
responses
annually
(i.e., number
owner’s
manuals)
Estimated total
annual burden
hours
Estimated total
annual labor
costs at
$50.44/hour
2,970,000
18.00
908
........................
10,172
513,050
Number of
respondents
annually
connections for readily removable rear
seats. The only cost associated with
publishing this information would be
the cost of printing the required text.
NHTSA estimates there are 17,600,000
new vehicles each year that include the
FMVSS No. 208 occupant crash
protection information in the owner’s
manual. Therefore, the estimated annual
cost to manufacturers would be
increased by $755,040 (4 pages × 300
words per page × $0.00013 per word ×
.25 cost factor × 1.1 production factor ×
17,600,000 manuals) bringing the total
estimated annual cost to $8,726,501.
The total annual cost to the
respondents for the currently approved
collection of information published in
vehicles’ owner’s manuals is
summarized in table 29 below. More
details on the ICR and cost calculations
are found in the 30-day notice NHTSA
published on October 14, 2022 (87 FR
62489).
ddrumheller on DSK120RN23PROD with PROPOSALS2
TABLE 29—ESTIMATED ANNUAL COSTS
Estimated total
costs to
respondents
Part/section
Brief title
563 ............................................................
571.108 .....................................................
571.108 .....................................................
571.110 .....................................................
571.138 .....................................................
571.202a ...................................................
571.205 .....................................................
571.208 .....................................................
571.210 .....................................................
571.213 .....................................................
571.225 .....................................................
571.226 .....................................................
571.303 .....................................................
575.103 .....................................................
575.104 .....................................................
575.105 .....................................................
Event Data Recorders ..................................................................................................
Lighting—VHAD ...........................................................................................................
Lighting—SABs ............................................................................................................
Tire Selection and Rims ...............................................................................................
Tire Pressure Monitoring Systems ...............................................................................
Head Restraints ...........................................................................................................
Glazing .........................................................................................................................
Occupant Crash Protection ..........................................................................................
Seat Belt Assembly Anchors .......................................................................................
Child Restraints Systems .............................................................................................
Child Restraints anchorage systems ...........................................................................
Ejection Mitigation ........................................................................................................
Fuel System Integrity of Compressed Natural Gas Vehicles ......................................
Truck-Camper Loading ................................................................................................
Uniform Tire Quality Grading Standards .....................................................................
Vehicle Rollover ...........................................................................................................
$30,566
38,208
244,530
0
244,530
733,590
131
4,152,720
244,530
15,730
943,800
1,833,975
36
39,657
193,205
11,293
Total Costs ........................................
.......................................................................................................................................
8,726,501
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
(b) the accuracy of the Department’s
estimate of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
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Please submit any comments,
identified by the docket number in the
heading of this document, by the
methods described in the ADDRESSES
section of this document to NHTSA and
OMB. Although comments may be
submitted during the entire comment
period, comments received within 30
days of publication are most useful.
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
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standards as a means to carry out policy
objectives or activities determined by
the agencies and departments.’’
Voluntary consensus standards are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by voluntary
consensus standards bodies, such as
SAE (formerly, the Society of
Automotive Engineers). The NTTAA
directs this agency to provide Congress,
through OMB, explanations when the
agency decides not to use available and
applicable voluntary consensus
standards.
While the agency is not aware of any
voluntary standards that exist regarding
the seat belt warnings contemplated in
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this proposed rule, the agency has
examined relevant regulations in other
countries, such as the European Union
standard ECE R16. As discussed above,
although we are not aware of any
foreign regulations that require seat belt
warnings for the front outboard
passenger or rear seat belts or for the
driver seat on small buses, we believe
that requiring seat belt warnings for
these seating positions and for the
driver seats on small buses meets a
safety need and is practicable.
Severability
The issue of severability of FMVSSs is
addressed in 49 CFR 571.9. It provides
that if any FMVSS or its application to
any person or circumstance is held
invalid, the remainder of the part and
the application of that standard to other
persons or circumstances is unaffected.
NHTSA seeks comment on the issue of
severability.
ddrumheller on DSK120RN23PROD with PROPOSALS2
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) (UMRA)
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 expenditures by States,
local or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation with base year of 1995) in
any one year. Adjusting this amount by
the implicit gross domestic product
price deflator for 2022 results in $177
million (111.416/75.324 = 1.48). The
assessment may be included in
conjunction with other assessments, as
it is here.
UMRA requires the agency to select
the ‘‘least costly, most cost-effective or
least burdensome alternative that
achieves the objectives of the rule.’’ As
discussed above, the agency considered
alternatives to the final rule and has
concluded that the requirements are the
most cost-effective alternatives that
achieve the objectives of the rule.
The proposed rule on SBRS is not
likely to result in expenditures by State,
local or tribal governments of more than
$100 million annually. However, it is
estimated to result in the expenditure by
automobile manufacturers and/or their
suppliers by approximately $168
million annually. The estimated costs
are discussed in Section XIV and the
PRIA.
We have tentatively concluded that
the requirements we are proposing in
this NPRM are the most cost-effective
alternatives that achieve the objectives
of the rule.
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Plain Language
XVII. Public Participation
Executive Order 12866 and E.O.
13563 require 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.
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 indicated in 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.
If you are submitting comments
electronically as a PDF (Adobe) file,
NHTSA asks that the documents be
submitted using the Optical Character
Recognition (OCR) process, thus
allowing NHTSA to search and copy
certain portions of your submissions.
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.transportation.gov/regulations/
dot-information-dissemination-qualityguidelines.
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.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through www.dot.gov/privacy. In order
to facilitate comment tracking and
response, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. 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).
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How can I be sure that my comments
were received?
If you wish the Docket 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, the Docket will return the
postcard by mail.
How do I submit confidential business
information?
You should submit a redacted ‘‘public
version’’ of your comment (including
redacted versions of any additional
documents or attachments) to the docket
using any of the methods identified
under ADDRESSES. This ‘‘public version’’
of your comment should contain only
the portions for which no claim of
confidential treatment is made and from
which those portions for which
confidential treatment is claimed has
been redacted. See below for further
instructions on how to do this.
You also need to submit a request for
confidential treatment directly to the
Office of Chief Counsel. Requests for
confidential treatment are governed by
49 CFR part 512. Your request must set
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ddrumheller on DSK120RN23PROD with PROPOSALS2
forth the information specified in part
512. This includes the materials for
which confidentiality is being requested
(as explained in more detail below);
supporting information, pursuant to
§ 512.8; and a certificate, pursuant to
§ 512.4(b) and part 512, appendix A.
You are required to submit to the
Office of Chief Counsel one unredacted
‘‘confidential version’’ of the
information for which you are seeking
confidential treatment. Pursuant to
§ 512.6, the words ‘‘ENTIRE PAGE
CONFIDENTIAL BUSINESS
INFORMATION’’ or ‘‘CONFIDENTIAL
BUSINESS INFORMATION
CONTAINED WITHIN BRACKETS’’ (as
applicable) must appear at the top of
each page containing information
claimed to be confidential. In the latter
situation, where not all information on
the page is claimed to be confidential,
identify each item of information for
which confidentiality is requested
within brackets: ‘‘[ ].’’
You are also required to submit to the
Office of Chief Counsel one redacted
‘‘public version’’ of the information for
which you are seeking confidential
treatment. Pursuant to § 512.5(a)(2), the
redacted ‘‘public version’’ should
include redactions of any information
for which you are seeking confidential
treatment (i.e., the only information that
should be unredacted is information for
which you are not seeking confidential
treatment).
NHTSA is currently treating
electronic submission as an acceptable
method for submitting confidential
business information to the agency
under part 512. Please do not send a
hardcopy of a request for confidential
treatment to NHTSA’s headquarters.
The request should be sent to Dan
Rabinovitz in the Office of the Chief
Counsel at Daniel.Rabinovitz@dot.gov.
You may either submit your request via
email or request a secure file transfer
link. If you are submitting the request
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via email, please also email a courtesy
copy of the request to John Piazza at
John.Piazza@dot.gov.
Will the agency consider late
comments?
We will consider all comments
received before the close of business on
the comment closing date indicated
above under DATES. To the extent
possible, we will also consider
comments that the docket receives after
that date. If the docket 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 the docket 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, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
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
periodically check the Docket for new
material. You can arrange with the
docket to be notified when others file
comments in the docket. See
www.regulations.gov for more
information.
Appendix A—Front Outboard Seat Belt
Warnings—Additional Data
In Section XI we looked at the
durations of the visual and audible seat
belt warnings for the driver and front
outboard passenger seats provided on
new (MY 2022) vehicles. There we
tabulated warning durations by the
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61735
proportion of total projected sales of the
vehicle models within each durational
range. In this appendix, we provide a
brief discussion of, and data for, the
warning durations provided in new
vehicles tabulated by the number of
vehicle models within each durational
range. The results are largely the same
but do show some differences. The
differences could be attributed to lack of
projected sales data for some vehicle
models, but we provide other potential
explanations below.
For example, when tabulated by
vehicle model instead of as a share of
total projected sales, a larger proportion
of vehicles have a very short duration
audible seat belt warning. As we saw in
the discussion in Section XI, only a very
small proportion of new vehicles
projected to be sold have a very shortduration audible warning lasting six or
eight seconds (about 1% for the driver
warning, and .3% for the passenger
warning). However, the share of
vehicles with such short warnings is
substantially higher when tabulated as a
proportion of vehicle models (about
17% for the driver warning and 14% for
the passenger warning) (see Figure A.1).
This could be because these vehicles are
not expected to have a high sales
volume.
The same situation holds for longer
duration audible warnings. A large
proportion of the vehicles projected to
be sold provide a warning that lasts at
least 1.5 min (90 + sec) (92% for the
driver warning, 76% for the passenger
warning), while the share of vehicles
with this warning duration is
substantially lower when tabulated as a
proportion of vehicle models (about
80% for both the driver and passenger
warnings) (see Figure A.1). In this case
these vehicle models are likely high
sales volume vehicles. Similar
differences are also apparent for the
visual warning. See Figure A.2.
BILLING CODE 4910–59–P
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We believe the analysis in terms of
sales volume is more meaningful,
because that reflects the number of
vehicles that are actually equipped
with—and occupants that are actually
exposed to—such warnings. For
example, while only a small proportion
of vehicles (about 1% by sales volume)
have a very short-duration driver
audible warning (six or eight seconds),
these vehicles account for about 17% of
vehicle models for which we had data.
That is, very short warnings appear to
be provided in a relatively high
proportion of small-volume vehicle
models. However, the sales volume data
better reflects how common these short
duration warnings are—relatively not
that common in the sense that only a
small proportion of new vehicles sold
have these very short duration
warnings.
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List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles.
Proposed Regulatory Text
For the reasons discussed in the
preamble, the National Highway Traffic
Safety Administration proposes to
amend 49 CFR part 571 as follows:
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
Subpart B—Federal Motor Vehicle
Safety Standards
1. The authority citation for part 571
continues to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
■
■
2. Amend § 571.101 by:
a. Revising paragraph S5.5.6; and
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■
b. Revising table 1 and table 2.
The revisions read as follows.
§ 571.101
displays.
Standard No. 101; Controls and
*
*
*
*
*
S5.5.6(a) Except as provided in
S5.5.6(b) and (c), messages displayed in
a common space may be cancelable
automatically or by the driver.
(b) Telltales for high beams, turn
signal, low tire pressure, and passenger
air bag off, and telltales for which the
color red is required in table 1 to
§ 571.101 must not be cancelable while
the underlying condition for their
activation exists.
(c) Telltales for the seat belts must not
be cancellable by the driver before the
minimum durations are satisfied but
may be cancellable automatically as
specified in FMVSS No. 208.
*
*
*
*
*
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Table 1 to § 571.101 Controls, Telltales,
and Indicators With Illumination or
Color Requirements 1
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Notes:
1 An identifier is shown in this table if it
is required for a control for which an
illumination requirement exists or if it is
used for a telltale for which a color
requirement exists. If a line appears in
column 2 and column 3, the control, telltale,
or indicator is required to be identified,
however the form of the identification is the
manufacturer’s option. Telltales are not
considered to have an illumination
requirement, because by definition the
telltale must light when the condition for its
activation exists.
2 Additional requirements in FMVSS 108.
3 Framed areas of the symbol may be solid;
solid areas may be framed.
4 Blue may be blue-green. Red may be redorange.
5 Symbols employing four lines instead of
five may also be used.
6 The pair of arrows is a single symbol.
When the controls or telltales for left and
right turn operate independently, however,
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the two arrows may be considered separate
symbols and be spaced accordingly.
7 Not required when arrows of turn signal
telltales that otherwise operate
independently flash simultaneously as
hazard warning telltale.
8 Separate identification is not required if
function is combined with master lighting
switch.
9 Refer to FMVSS 105 or FMVSS 135, as
appropriate, for additional specific
requirements for brake telltale labeling and
color. If a single telltale is used to indicate
more than one brake system condition, the
brake system malfunction identifier must be
used.
10 Requirement effective September 1,
2011.
11 A manufacturer may use this telltale in
flashing mode to indicate ESC operation.
12 This symbol may also be used to indicate
the malfunction of related systems/functions,
including traction control, trailer stability
assist, comer brake control, and other similar
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functions that use throttle and/or individual
wheel torque control to operate and share
common components with ESC.
13 Combination of the engine oil pressure
symbol and the engine coolant temperature
symbol in a single telltale is permitted.
14 Use when engine control is separate
from the key locking system.
15 If the speedometer is graduated in both
miles per hour and in kilometers per hour,
the scales must be identified ‘‘MPH’’ and
‘‘km/h’’, respectively, in any combination of
upper- and lowercase letters.
16 The letters ‘P’, ‘R’, ‘N’, and ‘D’ are
considered separate identifiers for the
individual gear positions. Their locations
within the vehicle, and with respect to each
other, are governed by FMVSS 102. The letter
‘D’ may be replaced by another alphanumeric
character or symbol chosen by the
manufacturer.
17 Required only for FMVSS 138 compliant
vehicles.
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61740
18 Alternatively, either low tire pressure
telltale may be used to indicate a TPMS
malfunction. See FMVSS 138.
19 Required only for vehicles manufactured
on or after September 1, 2007.
20 A symbol may be used at the
manufacturer’s option as provided in FMVSS
No. 208 S7.5.
21 These are the colors for the symbols if
symbols are chosen. If a symbol is used to
indicate to the driver how many or which
rear seat belts are in use, the color of the
illuminated symbol must be green. If symbols
are used to indicate to the driver how many
or which rear seat belts are not in use the
BILLING CODE 4910–59–C
S4.2.8.1, S4.2.9, S4.2.9.1, S4.4.3.4,
S4.4.3.4.1, S4.4.3.5, S4.4.3.5.1, and
S4.5.1.(f)(3);
■ b. Revising paragraph S4.5.3.3(b); and
■ c. Adding paragraph S7.5.
The revisions and additions read as
follows:
Notes:
1. Use when engine control is separate
from the key locking system.
2. Any combination of upper- or lowercase
letters may be used.
3. Framed areas may be filled.
4. If a line appears in Column 2 and
Column 3, the Control, Telltale or Indicator
is required to be identified, however the form
of the identification is the manufacturer’s
option.
5. Separate identification not required if
function is combined with Master Lighting
Switch.
3. Amend § 571.208 by:
a. Adding paragraphs S4.1.5.7,
S4.1.5.7.1, S4.1.5.8, S4.1.5.8.1, S4.2.8,
■
■
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§ 571.208 Standard No. 208; Occupant
crash protection.
*
*
*
*
*
S4.1.5.7. Front seat belt warnings for
passenger cars manufactured on or after
[insert date the first September 1 that is
one year after the date of publication of
a final rule].
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61741
color of the illuminated symbol must be red.
See FMVSS 208 S7.5(c)(1).
Table 2 to § 571.101 Identifiers for
Controls, Telltales and Indicators With
No Color or Illumination Requirements
S4.1.5.7.1 Any front outboard
designated seating position and any
inboard designated seating position for
which a seat belt warning is specified in
S4.1.5.6 shall comply with S7.5.
S4.1.5.8. Rear seat belt warnings for
passenger cars manufactured on or after
[insert date the first September 1 that is
two years after the date of publication
of a final rule].
S4.1.5.8.1. All rear designated seating
positions, except in law enforcement
vehicles, shall comply with S7.5.
*
*
*
*
*
S4.2.8 Front seat belt warnings for
trucks and multipurpose passenger
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vehicles manufactured on or after
[insert date the first September 1 that is
one year after the date of publication of
a final rule] with a GVWR of 4,536 kg
(10,00 lb) or less.
S4.2.8.1. All front outboard
designated seating positions certified to
a compliance option requiring a seat
belt shall comply with S7.5.
S4.2.9 Rear seat belt warnings for
trucks and multipurpose passenger
vehicles manufactured on or after
[insert date the first September 1 that is
two years after the date of publication
of a final rule] with a GVWR of 4,536
kg (10,00 lb) or less.
S4.2.9.1. All rear designated seating
positions certified to a compliance
option requiring a seat belt, except law
enforcement vehicles, shall comply with
S7.5.
*
*
*
*
*
S4.4.3.4 Front seat belt warnings for
buses manufactured on or after [insert
date the first September 1 that is one
year after the date of publication of a
final rule] with a GVWR of 4,536 kg
(10,000 lb) or less.
S4.4.3.4.1 All front outboard
designated seating positions shall
comply with S7.5.
S4.4.3.5 Rear seat belt warnings for
buses manufactured on or after [insert
date the first September 1 that is two
years after the date of publication of a
final rule] with a GVWR of 4,536 kg
(10,000 lb) or less.
S4.4.3.5.1 All rear designated seating
positions certified to a compliance
option requiring a seat belt, except for
school buses and law enforcement
vehicles, shall comply with S7.5.
*
*
*
*
*
S4.5.1 Labeling and owner’s manual
information.
*
*
*
*
*
(f) * * *
(3) The owner’s manual (which
includes information provided by the
vehicle manufacturer to the consumer,
whether in digital or printed form) for
any vehicle equipped with a seat belt
warning system must include an
accurate description of the system
features and warning signals, including
the location and format of the visual
warnings, in an easily understandable
format. The description shall include
information on when the different
features of the warning system will
activate and how to interpret the visual
warnings. For vehicles with any rear
designated seating position that is a
readily removable seat (a seat designed
to be easily removed and replaced by
means installed by the manufacturer for
that purpose) equipped with manual
electrical connections that are utilized
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19:49 Sep 06, 2023
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by the rear seat belt warning system, the
owner’s manual (which includes
information provided by the vehicle
manufacturer to the consumer, whether
in digital or printed form) must include
a description of the purpose of the
connection, instructions on how to
achieve a proper connection in an easily
understandable format, and a
description of how not achieving a
proper connection may affect the proper
functioning of the system.
*
*
*
*
*
S4.5.3.3 An automatic seat belt
furnished pursuant to S4.5.3 shall:
*
*
*
*
*
(b) Conform to the seat belt warning
system requirements of S7.5.
*
*
*
*
*
S7.5 Seat belt warning systems for
front outboard seat belt assemblies in
vehicles manufactured on or after
[insert date the first September 1 that is
one year after the date of publication of
a final rule] provided in accordance
with the requirements of S4.1.5.7,
S4.2.8, S4.4.3.4, and S4.5.3.3, and rear
seat belt assemblies in vehicle
manufactured on or after [insert date
the first September 1 that is two years
after the date of publication of a final
rule] provided in accordance with the
requirements of S4.1.5.8, S4.2.9,
S4.4.3.5, and S4.5.3.3.
(a) Definitions for S7.5. (1) A manual
seat belt is not in use when the seat belt
latch mechanism is not fastened. A seat
belt is in use when the seat belt latch
mechanism is fastened. An automatic
seat belt is not in use when the seat belt
latch mechanism is not fastened or, if
the automatic belt is non-detachable, the
emergency release mechanism is in the
released position. If the automatic seat
belt is motorized, whether the seat belt
is in use is determined when the seat
belt webbing is in its locked protective
mode at the anchorage point.
(2) A front outboard passenger seating
position is occupied when an occupant
or dummy that weighs 46.7 kg (103 lb)
or greater and is 139.7 cm (55 inches)
tall or taller is seated in the seat.
(3) A rear seating position is occupied
when an occupant or dummy that
weighs 21 kg (46.5 lb) or greater and is
114 cm (45 inches) tall or taller is seated
in the seat.
(4) A warning cycle for an
intermittent audible warning consists of
period(s) when the warning is active at
the chime frequency or continuously,
and of inactive period(s). A warning
cycle begins with an active period and
is 30 seconds in duration.
(5) Chime frequency means the
repetition rate for an intermittent
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audible warning when the warning is
active.
(6) Duty cycle means the total amount
of time an intermittent audible warning
is active during a warning cycle at the
chime frequency or continuously,
divided by the total warning cycle
duration (30 seconds).
(b) Front outboard seat belt warning
system. For vehicles subject to this
requirement, a driver’s designated
seating position and any front outboard
passenger designating seating position
must be equipped with an audio-visual
seat belt warning meeting the
requirements of S7.5(b)(1) through (5)
when tested in accordance with S7.5(d).
(1) Activation and duration—(i) Start
of trip warning. An audio-visual
warning must activate when the ignition
switch is placed in the ‘‘on’’ or ‘‘start’’
position if the seat is occupied and the
seat belt is not in use. The audio-visual
warning must continue until the seat
belt that triggered the warning is in use.
The audio-visual warning is otherwise
not permitted to activate except to
comply with S7.5(b)(1)(ii).
(ii) Change-of-status warning. An
audio-visual warning must activate
when the ignition switch is in the ‘‘on’’
or ‘‘start’’ position, the vehicle is in
forward or reverse drive mode, and the
status of the seat belt changes from in
use to not in use, unless a front door on
the same side of the vehicle as the seat
belt triggering the warning is open, in
which case a warning is not required
and the system may consider this as a
new trip with respect to that seat belt
and reset the warning system. The
audio-visual warning must continue
until the seat belt that triggered the
warning is in use.
(2) Visual warning. (i) If there is a
driver’s designated seating position, the
visual warning for the driver’s seat belt
must be visible from the driver’s seat
and the visual warning for the front
outboard passenger seat belt must be
visible from the driver’s seat and the
front outboard passenger seat.
(ii) If there is not a driver’s designated
seating position, the visual warning for
each outboard passenger designated
seating position must be visible from
each outboard passenger designated
seating position.
(iii) The visual warning may be
continuous or intermittent and must
display the identifying symbol or the
words specified in table 2 of FMVSS
101.
(iv) For telltales associated with
multiple front outboard seats, the seat
with which each telltale is associated
must be clearly recognizable to a driver
and to any front outboard passenger.
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(3) Audible warning. The audible
warning may be continuous or
intermittent. If intermittent, the audible
warning when active must be
continuous or have a chime frequency
of at least 0.5 Hz and a duty cycle of at
least 0.2. The same audible warning
may be used for all seats.
(4) Cancellation. The warning must
not be able to be canceled or
deactivated.
(5) Override. The warning must not be
overridden by other warnings.
(c) Rear passenger seat belt warning
system. For vehicles subject to this
requirement, all rear designated seating
positions must be equipped with a
warning system that conforms to the
requirements of S7.5(c)(1) through (6)
when tested in accordance with S7.5(d).
(1) Activation and duration—(i) Start
of trip warning. A visual warning must
activate when the ignition switch is
placed in the ‘‘on’’ or ‘‘start’’ position
and last for at least 60 seconds, except
for systems certified to S7.5(c)(2)(i)(B)
when there are no occupied rear seats
with a seat belt that is not in use.
(ii) Change-of-status warning. An
audio-visual warning must activate
when the ignition switch is in the ‘‘on’’
or ‘‘start’’ position, the vehicle is in
forward or reverse drive mode, and the
status of the seat belt changes from in
use to not in use, unless any rear door
is open, in which case a change-ofstatus warning is not required and the
system may consider this situation as a
new trip with respect to that seat belt
and reset the warning system. The
audio-visual warning must last for at
least 30 seconds or until the seat belt
that triggered the warning is in use.
(2) Visual warning. (i) The visual
warning may be continuous or
intermittent and must consist of
symbols or text visible from the driver’s
seat indicating:
(A) How many or which rear seat belts
are in use;
(B) For the occupied rear seats, how
many or which rear seat belts are not in
use;
(C) For the occupied rear seats, how
many or which rear seat belts are in use
and how many or which rear seat belts
are not in use; or
(D) (For the change-of-status warning
only) that a seating position experienced
a seat belt change-of-status from in use
to not in use.
(ii) The warning must not indicate a
seat belt is not in use for an unoccupied
seat.
(iii) If symbols are used to indicate to
the driver how many or which rear seat
belts are in use, the color of the
illuminated symbols must be green. If
symbols are used to indicate to the
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driver how many or which rear seat
belts are not in use, the color of the
illuminated symbols must be red.
(iv) If text is used to indicate to the
driver how many or which rear seat
belts are in use or not in use, the text
must contain the words ‘‘rear belt(s) in
use’’ or ‘‘rear belt(s) not in use.’’
(v) The visual warning must not be
overridden by other visual warnings.
(3) Audible warning. The audible
warning may be continuous or
intermittent. If intermittent, inactive
periods longer than 3 seconds will not
be counted toward the total duration of
the audible warning. The same audible
warning may be used for all rear seats,
and the same audible warning may be
used for the rear as for the front.
(4) Cancellation. The warning must
not be able to be canceled or
deactivated.
(5) Override. The warning must not be
overridden by other warnings.
(6) Seat electrical connection
requirements. Any rear designated
seating position consisting of a readily
removable seat (a seat designed to be
easily removed and replaced by means
installed by the manufacturer for that
purpose) that is equipped with electrical
connections utilized by the rear seat belt
warning system must either—
(i) Automatically connect the
electrical connections when the seat is
put in place; or
(ii) If a manual electrical connection
is required, the connectors must be
readily accessible.
(7) Electrical connection warning
signal. Vehicles that provide a visual
warning according to S7.5(c)(2)(i)(B)
and are equipped with any readily
removable rear seat(s) (a seat designed
to be easily removed and replaced by
means installed by the manufacturer for
that purpose) must, when the ignition
switch is placed in the ‘‘on’’ or ‘‘start’’
position, provide an intermittent visual
warning visible from the driver’s seat if
a seat has been installed and a proper
electrical connection has not been
made. The visual warning must remain
active until all the rear seat electrical
connections are properly made.
(d) Test procedures—(1) In general. (i)
If testing with any designated seating
position occupied, use the seating
procedures in S7.5(d)(2) for front
designated seating positions and the
seating procedures in S7.5(d)(3) for rear
designated seating positions.
(ii) Place the ignition switch in the
‘‘on’’ or ‘‘start’’ position and verify that
the seat belt warnings function as
specified in S7.5(b) and S7.5(c), for any
combination of seat belt use or seat
occupancy at any designated seating
position(s).
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61743
(2) Seating procedures for front
designated seating positions—(i)
Anthropomorphic test devices used for
testing. The anthropomorphic test
device (test dummy) is any of the
anthropomorphic test devices specified
in part 572 that meet the criteria
specified in S7.5(a)(2).
(ii) Seating procedure. (A) With the
seat back in the manufacturer’s nominal
design riding position, any other seat
adjustments in any position, and any
adjustable seat belt anchorages in any
position, seat the test dummy such that
the midsagittal plane of the dummy is
vertical and within ± 10 mm of the seat
centerline, with the torso and pelvis in
contact with the seat back.
(B) At the option of the manufacturer
(irrevocably selected prior to or at the
time of certification of the vehicle),
instead of using test dummies, a human
being (dressed in a cotton T-shirt, full
length cotton trousers, and sneakers)
may be used whose weight and height
(including this clothing) meet the
criteria specified in S7.5(a)(2). The
person should be seated in order to
match, to the extent possible, the final
physical position specified in
S7.5(d)(2)(ii)(A).
(3) Seating procedures for rear
designated seating positions—(i)
Anthropomorphic test devices used for
testing. The anthropomorphic test
device is any of the anthropomorphic
test devices specified in part 572 that
meet the criteria specified in S7.5(a)(3).
(ii) Seating procedure. (A) With the
seat back in the manufacturer’s nominal
design riding position, any other seat
adjustments in any position, and any
adjustable anchorages in any position,
seat the test dummy such that the
midsagittal plane of the dummy is
vertical and within ± 10 mm of the seat
centerline, with the torso and pelvis in
contact with the seat back; or
(B) At the option of the manufacturer
(irrevocably selected prior to or at the
time of certification of the vehicle),
instead of using test dummies, a human
being (dressed in a cotton T-shirt, full
length cotton trousers, and sneakers)
may be used whose weight and height
(including this clothing) meet the
criteria specified in S7.5(a)(3). The
person should be seated in order to
match, to the extent possible, the final
physical position specified in
S7.5(d)(3)(ii)(A).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.95, 501.4, and 501.5.
Ann Carlson,
Acting Administrator.
[FR Doc. 2023–18413 Filed 9–6–23; 8:45 am]
BILLING CODE 4910–59–P
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]]>Agencies
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Proposed Rules]
[Pages 61674-61743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18413]
[[Page 61673]]
Vol. 88
Thursday,
No. 172
September 7, 2023
Part II
Department of Transportation
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National Highway Traffic Safety Administration
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49 CFR Part 571
Federal Motor Vehicle Safety Standards; Occupant Crash Protection, Seat
Belt Reminder Systems; Proposed Rule
Federal Register / Vol. 88 , No. 172 / Thursday, September 7, 2023 /
Proposed Rules
[[Page 61674]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2023-0032]
RIN 2127-AL37
Federal Motor Vehicle Safety Standards; Occupant Crash
Protection, Seat Belt Reminder Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The Moving Ahead for Progress in the 21st Century Act of 2012
(MAP-21) directs NHTSA to initiate a rulemaking proceeding to amend
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash
protection,'' to require a seat belt use warning system for rear seats.
Pursuant to this mandate and following on an earlier Advance Notice of
Proposed Rulemaking, NHTSA is proposing to require a seat belt warning
system for the rear seats of passenger cars, trucks, most buses, and
multipurpose passenger vehicles with a gross vehicle weight rating of
4,536 kilograms (10,000 pounds) or less. This document also proposes to
enhance the existing front seat belt warning requirements, including
requiring a seat belt warning for the front outboard passenger seat and
increasing the duration of the warning.
DATES: You should submit your comments early enough to be received not
later than November 6, 2023. In compliance with the Paperwork Reduction
Act, NHTSA is also seeking comment on a revision to an existing
information collection. For additional information, see the Paperwork
Reduction Act section under the Regulatory Notices and Analyses section
below. All comments relating to the information collection requirements
should be submitted to NHTSA and to the Office of Management and Budget
(OMB) at the address listed in the ADDRESSES section on or before
November 6, 2023.
DATES: Proposed effective date: The first September 1 that is one year
after the publication of the final rule for the front seat belt warning
system requirements and the first September 1 that is two years after
the publication of the final rule for the rear seat belt warning system
requirements, with optional early compliance permitted. Multi-stage
manufacturers and alterers would have an additional year to comply.
ADDRESSES: You may submit comments electronically to the docket
identified in the heading of this document by visiting the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the online
instructions for submitting comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9826 before coming.
Fax: (202) 493-2251.
Regardless of how you submit your comments, you should mention the
docket number identified in the heading of this document.
Comments on the proposed information collection requirements should
be submitted to: Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection,
select ``Currently under Review--Open for Public Comment'' or use the
search function. It is requested that comments sent to the OMB also be
sent to the NHTSA rulemaking docket identified in the heading of this
document.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. You may also
access the docket at 1200 New Jersey Avenue SE, West Building, Room
W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal Holidays. Telephone: 202-366-9826.
Confidential Business Information: If you claim that any of the
information in your comment (including any additional documents or
attachments) constitutes confidential business information within the
meaning of 5 U.S.C. 552(b)(4) or is protected from disclosure pursuant
to 18 U.S.C. 1905, please see the detailed instructions given under the
Public Participation heading of the SUPPLEMENTARY INFORMATION section
of this document.
Privacy Act: Please see the Privacy Act heading under the
Regulatory Analyses section of this document.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact
Ms. Carla Rush, Office of Crashworthiness Standards, Telephone: (202)
366-4583; Email: [email protected]; Facsimile: (202) 493-2739. For
legal issues, you may contact Mr. John Piazza, Office of Chief Counsel,
Telephone: (202) 366-2992; Email: [email protected]; Facsimile: (202)
366-3820. The address of these officials is: the National Highway
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Regulatory and Legislative History
IV. ECE Requirements and Euro NCAP
V. NHTSA Research on Effectiveness and Acceptance of Seat Belt
Warning Systems
VI. Safety Need
VII. ANPRM
VIII. NHTSA's Statutory Authority
IX. Overview of Proposed Requirements
X. Proposed Rear Seat Belt Warning
A. Overview
B. Applicability
C. Requirements
1. Visual Warning on Vehicle Start-Up
a. Compliance Options for the Type of Information Conveyed
b. Triggering Conditions
c. Seat Occupancy Criteria and Interaction With Child Restraint
Systems
d. Minimum Duration
2. Audio-Visual Change-of-Status Warning
3. Telltale Location
4. Telltale Characteristics
5. Belt Use Criteria
6. Electrical Connections
7. Owner's Manual Instructions
8. Interaction With Other Vehicle Warnings
D. Alternative Warning Signals
E. Resistance to Intentional and Inadvertent Defeat and
Deactivation
F. Consumer Acceptance
G. Technological and Economic Feasibility
XI. Warning Requirements for Front Outboard Seats
A. Seat Belt Warning for Front Outboard Passenger Seat
B. Driver's Seat Belt Warning for Medium-Sized Buses
[[Page 61675]]
C. Amendments to the Current Warning Signal Requirements
1. Increasing the Duration of the Audio-Visual Warning on
Vehicle Start-Up
2. Requiring an Audio-Visual Change-of-Status Warning
3. Audible Warning Characteristics
4. Visual Warning Characteristics
5. Other Warning Signal Features and Criteria
XII. Other issues
A. Automatic Belts
B. Test Procedures
C. Considerations for Automated Driving Systems
XIII. Regulatory Alternatives
A. ECE R16 and Euro NCAP
B. Occupant Detection and Enhanced Warning Signals for the Rear
Seat Belt Warning
C. Non-Regulatory Alternatives
D. Requiring a Warning System for the Front Center Seat
E. Requiring a 90 Second Duration Seat Belt Warning System for
the Front Outboard Seating Positions
XIV. Overview of Benefits and Costs
A. Proposed Requirements
1. Rear Seat Belt Warning System
2. Front Seat Belt Warning System
3. Overall Benefits and Costs of Proposal
B. Regulatory Alternatives
1. Occupant Detection in Rear Seats
2. 90-Second Front Outboard Seat Belt Warning
3. Seat Belt Warning for Front Center Seat
XV. Proposed Effective Date
XVI. Regulatory Analyses
XVII. Public Participation
Appendix A--Front Outboard Seat Belt Warnings--Additional Data
Proposed Regulatory Text
I. Executive Summary
In 2020, there were 39,007 motor vehicle traffic fatalities in the
United States.\1\ This was 2,652 more fatalities than in 2019 (when
there were 36,355 fatalities).\2\ In 2021, motor vehicle traffic
fatalities increased again to 42,939.\3\ The traffic fatality count in
2021 is the highest since 2005 (43,510) and represents the second year-
to-year increase since 2019.\4\ The 10-percent fatality increase from
2020 to 2021 is the highest year-to-year percentage increase since FARS
started data collection in 1975.\5\ NHTSA has preliminarily estimated
42,795 fatalities in 2022, representing a small decrease of about 0.3%
from 2021.\6\ The Moving Ahead for Progress in the 21st Century Act
(MAP-21) directed NHTSA to initiate a rulemaking to require a seat belt
warning for the rear seats in motor vehicles. In addition, the
Department of Transportation has released a comprehensive National
Roadway Safety Strategy to address the rise in roadway fatalities and
injuries. Part of that strategy is to make vehicles safer.
---------------------------------------------------------------------------
\1\ Stewart, T. (April 2023). Overview of Motor Vehicle Traffic
Crashes in 2021 (Report NO. DOT HS 813 435. National Highway Traffic
Safety Administration, pg. 5.
\2\ Id. at pg. 2.
\3\ Id. at pg. 5.
\4\ Id.
\5\ Id. The 2021 fatality estimates are not entirely final, and
may change somewhat as NHTSA receives further updates or
corrections.
\6\ See https://www.transportation.gov/briefing-room/nhtsa-estimates-2022-show-roadway-fatalities-remain-flat-after-two-years-dramatic. Though NHTSA acknowledges fatalities essentially remained
flat in 2022, NHTSA does not know if this trend will continue to
remain flat or if there will be further increases in fatalities.
---------------------------------------------------------------------------
Consistent with MAP-21 and the National Roadway Safety Strategy,
this NPRM proposes to require a seat belt use warning system \7\ for
the rear seats of passenger cars, trucks, buses (except school buses,
for various reasons detailed in the Applicability section of the
preamble, including practicability and cost concerns), and multipurpose
passenger vehicles (MPVs) with a GVWR of 4,536 kg (10,000 lb) or less.
This NPRM also proposes several changes and enhancements to the
existing front seat belt warning requirements, including increasing the
duration of the audio-visual seat belt warning on vehicle start-up.
---------------------------------------------------------------------------
\7\ Seat belt use warning systems may also be referred to in
this preamble as seat belt ``warning systems'' (or SBWS) or seat
belt ``reminder'' systems (or SBRSs).
---------------------------------------------------------------------------
Safety Need for the Proposed Rule
Using a seat belt is one of the most effective actions a motor
vehicle occupant can take to prevent death and injury in a crash. Seat
belts prevent occupants from being ejected from the vehicle, provide
``ride-down'' by gradually decelerating the occupant as the vehicle
deforms and absorbs energy, and reduce the occurrence of occupant
contact with harmful interior surfaces and other occupants. Seat belts
are effective in most types of crashes, and greatly reduce the risk of
fatal and non-fatal injuries compared to the risk faced by unrestrained
occupants.
While seat belt use is meaningfully higher than it was a decade
ago, there is room for improvement. Usage rates for seat belts in rear
seats have consistently been below those for the front seats, and while
front seat belt use rates increased early in the previous decade, for
the last several years they have plateaued. According to data from
NHTSA's annual study of observed seat belt use, from 2012 to 2021, seat
belt use was lower in the rear seat than in the front seat, ranging
from a difference of about 9 percent in 2013 (78% vs. 87%) to about 14
percent in 2017 (75% vs. 89%).\8\ During that time, front seat belt use
rates ranged from about 86% in 2012 to 91% in 2019. In 2021, front seat
belt use was about 90%, and rear seat belt use was about 78%.
Accordingly, every year, thousands of unrestrained motor vehicle
occupants are killed in crashes, and tens of thousands of unrestrained
occupants are injured (additional details on the target population are
provided in the summary of benefits and costs later in this executive
summary).
---------------------------------------------------------------------------
\8\ Boyle, L.L. (2022, August). Occupant restraint use in 2021:
Results from the NOPUS Controlled Intersection Study (Report No. DOT
HS 813 344). National Highway Traffic Safety Administration.
---------------------------------------------------------------------------
Many of these unbelted occupants are likely amenable to using a
seat belt. Seat belt nonusers can be categorized as either ``part-
time'' nonusers or so-called ``hard-core'' nonusers. Part-time nonusers
generally express positive attitudes toward seat belts, but do not
always buckle up, due to a range of reasons, such as short trips,
forgetfulness, and being in a rush. Hard-core nonusers are those who
generally do not acknowledge the benefits of seat belts and are opposed
to their use. Consumer research suggests that most nonusers are part-
time nonusers, not hard-core nonusers. This is true even for front seat
occupants, for which there is a relatively high rate of observed seat
belt use. For instance, NHTSA's most recent survey of seat belt use
found that approximately 83% of drivers who did not always use a seat
belt reported using a seat belt most or some of the time, and only 17%
were hard-core nonusers who used seat belts rarely or never.\9\ The
same is true for rear seat passengers who do not always use a belt, of
whom 70% used a belt most or some of the time, while only 30% used a
belt rarely or never.
---------------------------------------------------------------------------
\9\ 2016 MVOSS, p.7 (calculated from Fig. 5).
---------------------------------------------------------------------------
Seat belt warning systems encourage seat belt use by reminding
unbuckled occupants to fasten their belts and/or by informing the
driver that a passenger is unbelted so that the driver can request the
unbelted occupant to buckle up. The warnings provided by seat belt
warning systems typically consist of visual and/or audible signals.
Research by NHTSA and others shows that seat belt warning systems are
effective at getting unbuckled occupants to fasten their seat belt.\10\
---------------------------------------------------------------------------
\10\ This research is identified and discussed in Section V and
Section XIV.A, as well as the Preliminary Regulatory Impact Analysis
docketed with this NPRM.
---------------------------------------------------------------------------
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant
crash protection,'' requires a short-duration audio-visual seat belt
warning for the driver's seat belt on passenger cars, most trucks and
MPVs with a GVWR of 4,536 kg (10,000 lb) or less,
[[Page 61676]]
and buses with a GVWR of 3,855 kg (8,500 lb) or less. According to the
FMVSS No. 208 standard, the visual component of the warning generally
must be at least sixty seconds long, and the audible component must be
at least four seconds long.
In general, voluntary adoption of warnings that go beyond this
regulatory minimum, while considerable, has been mixed. Although the
regulations do not require seat belt warnings for any seating position
other than the driver's seat, almost all model year (MY) 2022 vehicles
have a voluntarily-provided seat belt warning for the front outboard
passenger seat. However, voluntary adoption for rear seats has been
much slower, as only about 47% come equipped with a voluntarily-
provided rear seat belt warning system (SBWS). Most vehicles already
provide a seat belt warning for both front outboard seats that is much
longer than the minimal required warning for the driver's seat belt,
with the vast majority of vehicles including an alert that is at least
90 seconds. This suggests that the front seat belt warning minimum
requirements in the FMVSS are outdated, as consumers seem clearly
willing to accept audio-visual reminders that are far longer than the
required four seconds.
In short, rear seat belt use rates have persistently been below
those for the front seats, and progress on front seat belt use rates
have slowed. Moreover, unbuckled occupants, in the front and rear
seats, continue to be overrepresented in fatal crashes (51%), given the
lower exposure of unbelted occupants relative to belted occupants
(because front seat belt use was about 90% and rear seat belt use was
80%). Nevertheless, in spite of the effectiveness of seat belts and
seat belt warnings, most new vehicles continue to lack a rear seat belt
warning. Additionally, while most vehicles provide some level of
enhanced reminders for the front seats, this level of enhanced
protection has not occurred for all vehicles and is not standardized.
This suggests a need for a beneficial safety technology that is not
being met in the vehicle market. This NPRM is intended to meet this
safety need and advance NHTSA's response to MAP-21.
Legal Authority and Prior Regulatory History
This proposal is issued pursuant to NHTSA's authority under the
National Traffic and Motor Vehicle Safety Act (49 U.S.C. 30101 et seq.)
(Safety Act), which authorizes NHTSA to establish Federal Motor Vehicle
Safety Standards. The statute requires safety standards to be
objective, practicable, and meet the need for safety, among other
things. NHTSA has tentatively concluded that the proposed requirements
satisfy these statutory criteria.
This NPRM also continues NHTSA's response to a rulemaking mandate
in MAP-21. MAP-21 required DOT (NHTSA, by delegation) to initiate a
rulemaking proceeding to require rear seat belt warnings and directed
the agency to issue a final rule unless the rule would not meet the
Safety Act requirements for an FMVSS. In accordance with MAP-21, in
2013 NHTSA initiated a rulemaking proceeding when it submitted for
public comment a proposal to undertake a study of the effectiveness of
existing rear seat belt warning systems. In 2019, NHTSA continued with
this rulemaking proceeding by publishing an Advance Notice of Proposed
Rulemaking (ANPRM) seeking comment on a variety of issues related to
potential rear seat belt warning requirements. NHTSA received 45
comments from a variety of organizations and individuals. Most
commenters, including safety advocates, vehicle manufacturers and
suppliers, and individual members of the public, supported a rear seat
belt warning requirement.
This NPRM also responds to a rulemaking petition. Public Citizen
and Advocates for Highway and Auto Safety have petitioned NHTSA to
require a seat belt warning system for rear seats on passenger cars and
MPVs with a GVWR of 4,536 kg (10,000 lb) or less. This proposal is
NHTSA's further action on its grant of this petition.
Summary of the Proposed Amendments
This NPRM proposes amending the existing seat belt warning
provisions in FMVSS No. 208. This proposal has two main components. The
first proposes requiring a rear seat belt reminder for the rear seats.
The second proposes changes and enhancements to the seat belt warning
requirements for the front outboard seats, most notably an audio-visual
warning that persists until the seat belts at any occupied front
outboard seat are fastened. These proposed requirements would apply to
passenger cars and trucks, buses (except school buses), and
multipurpose passenger vehicles with a GVWR of 4,536 kg (10,000 lb) or
less.
1. Rear Seat Belt Reminder Requirements
The first component of this NPRM is a set of proposed requirements
for a seat belt warning for rear seats. The proposed requirements have
four main elements.
Visual warning on vehicle start-up to inform the driver of
the status of the rear seat belts. We propose three different
compliance options from which manufacturers could choose for the rear
seat belt warning system. The first would require the system to
indicate how many or which rear seat belts are in use (the ``positive-
only'' option). The second would require the system to indicate, for
the occupied rear seats, how many or which rear seat belts are not in
use (the ``negative-only'' option). The third would require the system
to indicate, for the occupied rear seats, how many or which rear seat
belts are in use and how many or which rear seat belts are not in use
(the ``full-status'' option). Certain features would be required of all
the options. Each system would have to provide a continuous or flashing
visual warning, consisting of either icons or text, visible to the
driver. The visual warning would have to last for at least 60 seconds,
beginning when the vehicle's ignition switch is moved to the ``on'' or
``start'' position. The negative-only and full-status compliance
options would require that the rear seats be equipped with a belt latch
sensor and an occupant detection system (which facilitates these more
informative warnings), while the positive-only option would only
require that the rear seats be equipped with a belt latch sensor.
Audio-visual change-of-status warning. We propose an
audio-visual warning whenever a fastened rear seat belt is unfastened
while the ignition switch is in the ``on'' or ``start'' position and
the vehicle's transmission selector is in a forward or reverse gear.
The warning would have to last for at least 30 seconds. We do not
propose any requirements for the volume or tone of the warning. The
intent of this warning is to alert the driver or other occupants to a
change in belt status during a trip. The warning would not be required
if a door is open, which would be the case if a rear passenger
unfastened their belt in order to exit the vehicle.
Requirements related to electrical connections. Readily
removable rear seats would be required to either automatically connect
to the electrical connections when the seat is put in place, or, if a
manual connection is required, the connectors must be readily-
accessible. Further, vehicles utilizing the negative-only compliance
option would be required to provide a visual warning to the driver if a
proper electrical connection has not been established for a readily
removable rear seat.
Owner's manual requirements. We propose that the vehicle
owner's manual
[[Page 61677]]
(which includes information provided by the vehicle manufacturer to the
consumer, whether in digital or printed form) describe the warning
system's features, including the location and format of the visual
warnings. We also propose that the owner's manual include instructions
on how to make any manual electrical connections for readily removable
seats.
2. Front Outboard Seat Belt Warning Requirements
We propose several changes and enhancements to the seat belt
warning requirements for the front outboard seats. There are three main
changes we are proposing.
Audio-visual warning on vehicle start-up for front
outboard passenger seat. Currently, only the driver's seat is required
to have a seat belt warning, although almost all vehicles now provide a
seat belt warning for the front outboard passenger seat as well.\11\ We
propose to require a seat belt warning for the front outboard passenger
seat.
---------------------------------------------------------------------------
\11\ Based on data on total projected vehicle sales in the
United States for model year 2022 from the agency's New Car
Assessment Program Purchasing with Safety in Mind: What to Look For
When Buying a Vehicle program.
---------------------------------------------------------------------------
Increasing the duration of the audio-visual warning on
vehicle start-up. We propose enhancing the front seat warning
requirements by requiring an audio-visual warning that remains active
until the seat belt at any occupied front outboard seat is fastened. We
are proposing this in light of a variety of factors, including the
increase in roadway fatalities, the lack of improvement in front seat
belt use rates, and the fact that the audio-visual warnings with which
vehicle manufacturers are currently equipping vehicles significantly
exceed the 4-second regulatory minimum (including a non-trivial share
of currently sold vehicles with an indefinite-duration reminder).
Vehicle manufacturers can adjust warning signal characteristics (such
as frequency and volume) to make the warning both effective and
acceptable to consumers.
Audio-visual change-of-status warning. We also propose to
require an audio-visual change-of-status warning whenever a front
outboard seat belt is unbuckled during a trip (unless a front door is
open, to account for an occupant unfastening the belt to exit the
vehicle). The warning would be required to remain active until the seat
belt is refastened.
Proposed Effective Date
We propose an effective date of the first September 1 that is one
year after the publication of the final rule for the front seat belt
warning system requirements and the first September 1 that is two years
after the publication of the final rule for the rear seat belt warning
system requirements, with optional early compliance (See Section XV for
details). Consistent with 49 CFR 571.8(b), multi-stage manufacturers
and alterers would have an additional year to comply.
Regulatory Alternatives
NHTSA considered a wide range of alternatives to the proposed
requirements. The main alternatives NHTSA considered were the seat belt
warning requirements in Economic Commission for Europe (ECE) Regulation
R16 and Euro New Car Assessment Programme (NCAP). The proposed
requirements are identical or similar to ECE R16 and Euro NCAP in many
respects but differ from them in several ways. For instance, while the
ECE rear seat belt warning regulations allow a warning for an
unfastened seat belt at an unoccupied seat, this proposal would not
allow this, because we tentatively believe that the resulting ``false''
warning would potentially annoy drivers and lead to behaviors that
would decrease system effectiveness. Another way the proposal differs
from ECE R16 is the duration of the front seat belt warning on vehicle
start-up: R16 generally requires only a 30-60 second audio-visual
warning; we propose a warning that lasts until the seat belt is
buckled. The regulatory analysis quantifies the costs and benefits of
three specific regulatory alternatives: requiring occupant detection
for the rear seat belt warning system; requiring (for the front
outboard seats) an audio-visual warning on vehicle start-up with a
duration of 90 seconds; and requiring a seat belt warning for front
center seats.
Benefits and Costs of the Proposed Requirements
NHTSA estimates the target population and the benefits and costs of
the proposed requirements in the stand-alone preliminary regulatory
impact analysis (PRIA) that is being placed in the docket with this
NPRM and is summarized in the NPRM.
Based on NHTSA's data on fatalities and injuries from motor vehicle
crashes, adjusted to account for the benefits of other mandatory safety
technologies, there are, on average, 475 fatalities and 7,036 injuries
to unrestrained rear seat occupants and 6,733 fatalities and 47,952
injuries to unrestrained front outboard seat occupants each year. This
is the overall target population--the annual deaths and injuries that
the proposed requirements are aimed at reducing.
NHTSA estimates the benefits it expects from the proposed seat belt
warning requirements. The benefits are the fatalities and injuries that
would be prevented by these proposed requirements. The benefits depend,
principally, on the expected increase in seat belt use and the
effectiveness of seat belts in preventing deaths and injuries.
For the rear seat belt warning system analysis, NHTSA used a
``low'' and a ``high'' estimate for the increase in rear belt use with
the proposed warning system. For occupants 11 years and older, these
were 3 and 5 percentage points, and for occupants from 6 to 10 years
old, 0.3 and 0.4 percentage points.\12\ For simplicity, NHTSA refers to
these scenarios as ``Low'' and ``High,'' or ``3%'' and ``5%.'' The
estimated annual benefits are presented in table 1.\13\
---------------------------------------------------------------------------
\12\ Children in booster seats are part of the target population
for this proposed rulemaking because they should be restrained with
the seat belt and so would benefit from a seat belt reminder. The
transition to a booster seat typically occurs from ages 4-7 years.
\13\ The Abbreviated Injury Scale (AIS) is a classification
system for assessing impact injury severity developed and published
by the Association for the Advancement of Automotive Medicine and is
used for coding single injuries, assessing multiple injuries, or for
assessing cumulative effects of more than one injury. MAIS
represents the maximum injury severity of an occupant at an AIS
level, i.e., the highest single AIS for a person with one or more
injuries. MAIS 1 & 2 injuries are considered minor injuries and MAIS
3-5 are considered serious injuries.
---------------------------------------------------------------------------
Another way to measure benefits is by calculating equivalent lives
saved (ELS). Equivalent lives saved are the number of prevented
fatalities added to the number of prevented injuries, with the
prevented injuries expressed in terms of fatalities (that is, with an
injury expressed as a fraction of a fatality, so that the more serious
the injury, the higher the fraction). The estimated equivalent lives
saved assuming either a 3% or 7% discount rate are presented in table
2.
[[Page 61678]]
Table 1--Estimated Annual Benefits--Potential Lives Saved and Injuries
Prevented for Positive-Only SBWS (Rear Seats), With Estimated 3% & 5%
Increase in Belt Use
------------------------------------------------------------------------
Injury level 3% (Low) 5% (High)
------------------------------------------------------------------------
MAIS 1.................................. 23.2 34.3
MAIS 2.................................. 40.2 60.3
MAIS 3.................................. 5.6 8.4
MAIS 4.................................. 5.5 8.2
MAIS 5.................................. 0.2 0.3
-------------------------------
Total Injuries...................... 74.7 111.5
------------------------------------------------------------------------
Fatal................................... 22.3 33.6
------------------------------------------------------------------------
Table 2--Estimated Annual Benefits--Equivalent Lives Saved--Positive-
Only SBWS (Rear Seats)
------------------------------------------------------------------------
3% Discount 7% Discount
Belt use increase rate rate
------------------------------------------------------------------------
3% increase (Low)....................... 21.9 17.7
5% increase (High)...................... 32.9 26.7
------------------------------------------------------------------------
NHTSA also estimates the costs of the proposed requirements for
rear seat belt warnings. NHTSA estimates that the minimum cost to
comply with the rear seat belt warning requirements (the positive-only
system) is $166.44 million (M). This is based on a per-vehicle cost of
$19.59 for 53.1% of 16M affected new vehicles.
Based on the forgoing, NHTSA performed benefit-cost and cost-
effectiveness analyses. A benefit-cost analysis calculates the net
benefits, which is the difference between the benefits flowing from
injury and fatality reductions and the cost of the rule. The net
benefit estimates are presented in table 3. The cost-effectiveness
analysis derives the cost per equivalent life saved, which is equal to
the total cost of the rule divided by the total fatal equivalents that
it prevents. These estimates are presented in table 4.
Table 3--Net Benefits--Proposed Positive-Only Rear SBWS
[2020 Dollars, in millions]
----------------------------------------------------------------------------------------------------------------
Net benefits Net benefits
Seat position & belt use Benefits 3% Benefits 7% Cost 3% discount 7% discount
increase discount discount rate rate
----------------------------------------------------------------------------------------------------------------
3% increase (Low)............... $262.1 $212.7 $166.4 $95.6 $46.2
5% increase (High).............. 394.8 320.4 166.4 228.3 153.9
----------------------------------------------------------------------------------------------------------------
Table 4--Cost-Effectiveness Analysis (Cost per Equivalent Life Saved)--Proposed Positive-Only System (Rear
Seats)
[2020 Dollars, in millions]
----------------------------------------------------------------------------------------------------------------
Seat position & belt use ELS 3% ELS 7% Cost/ELS 3% Cost/ELS 7%
increase discount discount Cost discount discount
----------------------------------------------------------------------------------------------------------------
3% increase (Low)............... 21.9 17.7 $166.4 $7.6 $9.4
5% increase (High).............. 32.9 26.7 166.4 5.0 6.2
----------------------------------------------------------------------------------------------------------------
NHTSA is also proposing enhancing the driver seat belt warning
requirements by requiring an audio-visual warning that remains active
until the driver's seat belt is buckled and extending the driver's seat
belt warning requirements, as modified by this NPRM, to the front
outboard passenger seat. NHTSA estimated the annual benefits of a seat
belt warning for the driver and outboard front passenger that remains
active until the occupant's seat belt is buckled as shown in table 5
and table 6.
Table 5--Estimated Annual Benefits--Lives Saved and Injuries Prevented--Indefinite Duration SBWS (Front Outboard
Seats)
----------------------------------------------------------------------------------------------------------------
Front
Injury level Driver passenger Total
----------------------------------------------------------------------------------------------------------------
MAIS 1.......................................................... 20.7 3.7 24.4
MAIS 2.......................................................... 120.0 20.5 140.5
MAIS 3.......................................................... 21.6 3.9 25.5
[[Page 61679]]
MAIS 4.......................................................... 17.4 3.1 20.5
MAIS 5.......................................................... 0.5 0.1 0.6
-----------------------------------------------
Total Injuries.............................................. 180.2 31.2 211.4
----------------------------------------------------------------------------------------------------------------
Fatal........................................................... 65.9 11.4 77.3
----------------------------------------------------------------------------------------------------------------
Table 6--Estimated Annual Benefits--Equivalent Lives Saved--Indefinite SBWS (Front Outboard Seats)
----------------------------------------------------------------------------------------------------------------
3% Discount 7% Discount
Undiscounted rate rate
----------------------------------------------------------------------------------------------------------------
Driver.......................................................... 78.7 65.2 52.8
Front Passenger................................................. 13.6 11.3 9.2
-----------------------------------------------
Total....................................................... 92.3 76.5 62.0
----------------------------------------------------------------------------------------------------------------
NHTSA estimates that the incremental cost of the enhanced seat belt
warning would be no greater than the currently available seat belt
warning. Although a seat belt warning is currently not required for the
front outboard passenger seats, we estimate that 96 percent of new
vehicles are equipped with them.\14\ NHTSA estimates that the cost for
equipping a front outboard passenger seat with a seat belt warning
system is about $2.13 per vehicle. To equip a seat belt warning system
in the front outboard passenger seat positions on the remaining 4
percent of new vehicle fleet (16 million) without such a warning is
$1.36 million (= $2.13 x 0.04 x 16 million).
---------------------------------------------------------------------------
\14\ Based on data on total projected vehicle sales in the
United States for model year 2022 from the agency's New Car
Assessment Program Purchasing with Safety in Mind: What to Look For
When Buying a Vehicle program.
---------------------------------------------------------------------------
The total monetized benefits, costs, and net benefits (total
monetized benefits--total cost) of the enhanced seat belt warning
system for the driver and front passenger is shown in table 7.
Table 7--Annual Monetized Benefits, Costs and Net Benefits--Indefinite SBWS (Front Outboard Seats)
[2020 Dollars, in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Driver Front Passenger Driver and Front Passenger
-----------------------------------------------------------------------------------------------------------------
Undiscounted 3% 7% Undiscounted 3% 7% Undiscounted 3% 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger car Benefits................ $422.5 $353.0 $288.0 $79.9 $66.7 $54.4 $502.4 $419.7 $342.4
Light Truck & Van Benefits............ 520.4 427.6 344.8 83.4 68.5 55.2 603.8 496.1 400
-----------------------------------------------------------------------------------------------------------------
Total Benefits.................... 942.9 780.5 632.8 163.3 135.2 109.7 1,106.2 915.8 742.5
Total Costs....................... 0 0 0 1.36 1.36 1.36 1.36 1.36 1.36
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Benefits.......................... 942.9 780.5 632.8 161.9 133.9 108.3 1,104.8 914.4 741.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
The net benefits of the proposed rule requiring seat belt warning
for rear seating positions and the enhanced seat belt warning for the
front outboard seats are shown in table 8.
Table 8--Net Benefits From the Proposal (SBWS for Rear Seating Positions
and Indefinite SBWS for Front Outboard Seating Positions)
[2020 Dollars, in millions]
------------------------------------------------------------------------
3% Discount 7% Discount
rate rate
------------------------------------------------------------------------
Front Outboard Seats.................... $914.4 $741.1
Rear Seats (3% increase in rear seat 95.6 46.2
belt use)..............................
Rear Seats (5% increase in rear seat 228.3 153.9
belt use)..............................
-------------------------------
Total Net Benefits (3% increase in 1,010.0 787.4
rear belt use).....................
Total Net Benefits (5% increase in 1,142.7 895.0
rear belt use).....................
------------------------------------------------------------------------
[[Page 61680]]
II. Background
In 2020, there were 39,007 motor vehicle traffic fatalities in the
United States.\15\ This was 2,652 more fatalities than in 2019.\16\ In
2021, motor vehicle traffic fatalities increased again to 42,939.\17\
The traffic fatality count in 2021 is the highest since 2005 (43,510)
and represents the second year-to-year increase since 2019.\18\ The 10-
percent fatality increase from 2020 to 2021 is the highest year-to-year
percentage increase since FARS started data collection in 1975.\19\
NHTSA has preliminary estimated 42,795 fatalities in 2022, representing
a small decrease of about 0.3% from 2021.\20\ The Department of
Transportation has released a comprehensive National Roadway Safety
Strategy to address this rise in roadway fatalities and injuries.\21\
Part of that strategy is making vehicles safer.
---------------------------------------------------------------------------
\15\ Stewart, T. (April 2023). Overview of Motor Vehicle Traffic
Crashes in 2021(Report NO. DOT HS 813 435. National Highway Traffic
Safety Administration, pg. 5.
\16\ Id. at pg. 2.
\17\ Id. at pg. 5.
\18\ Id.
\19\ Id. The 2021 and 2022 fatality estimates are not entirely
final, and may change somewhat as NHTSA receives further updates or
corrections.
\20\ See https://www.transportation.gov/briefing-room/nhtsa-estimates-2022-show-roadway-fatalities-remain-flat-after-two-years-dramatic. Though NHTSA acknowledges fatalities essentially remained
flat in 2022, NHTSA does not know if this trend will continue to
remain flat or if there will be further increases in fatalities.
\21\ https://www.transportation.gov/sites/dot.gov/files/2022-02/USDOT-National-Roadway-Safety-Strategy.pdf.
---------------------------------------------------------------------------
This NPRM proposes to require a seat belt use warning system for
the rear seats of passenger cars, trucks, buses (except school buses),
and multipurpose passenger vehicles (MPVs) with a GVWR of 4,536 kg
(10,000 lb) or less. This NPRM also proposes to enhance the existing
front seat belt warning requirements, including requiring a seat belt
warning for the front outboard passenger seat and increasing the
duration of the warning. This section provides a brief introduction to
seat belt technology, evidence on seat belt use by vehicle occupants,
and strategies to increase belt use.
Using a seat belt is one of the most effective actions a motor
vehicle occupant can take to prevent death and injury in a crash.\22\
Seat belts protect occupants in various ways. They prevent occupants
from being ejected from the vehicle, gradually decelerate the occupant
as the vehicle deforms and absorbs energy, and reduce the occurrence of
occupant contact with harmful interior surfaces and other
occupants.\23\ Seat belts are effective in most types of crashes
(although effectiveness varies for different types of crashes).
Research has found that seat belts greatly reduce the risk of fatal and
non-fatal injuries compared to the risk faced by unrestrained
occupants. For rear seat occupants, seat belts reduce the risk of
fatality by 55% (for passenger cars) and 74% (for light trucks and
vans). For front seat occupants, drivers and right front passengers,
seat belts reduce the risk of fatality by 44% (for passenger cars) and
63% to 73% (for light trucks and vans). Seat belts reduce the risk of
injuries by up to 63%.\24\ While the PRIA makes use of these
effectiveness rates, we note that the effectiveness of seat belts is
not impacted by the proposed rule. Instead, benefits from the proposed
rule are the result of the increase in seat belt use resulting from the
warning.
---------------------------------------------------------------------------
\22\ See, e.g., 68 FR 46262 (Aug. 5, 2003). See also Buckling
Up: Technologies to Increase Seat Belt Use. Special Report 278 at
18, Committee for the Safety Belt Technology Study, Transportation
Research Board of The National Academies (2003) [hereinafter
``Transportation Research Board Study''].
\23\ Charles J. Kahane, Lives Saved by Vehicle Safety
Technologies and Associated Federal Motor Vehicle Safety Standards,
1960 to 2012--Passenger Cars and LTVs--With Reviews of 26 FMVSS and
the Effectiveness of Their Associated Safety Technologies in
Reducing Fatalities, Injuries, and Crashes. 89 DOT HS 812 069 at 89,
Department of Transportation, National Highway Traffic Safety Agency
(2015) [hereinafter ``DOT Lives Saved Study''].
\24\ See the Preliminary Regulatory Impact Analysis (PRIA) (in
the docket for this rulemaking) for these effectiveness estimates.
---------------------------------------------------------------------------
While seat belt use is meaningfully higher than it was a decade
ago, there is room for improvement. Usage rates for rear belts have
consistently been below those for the front seats, and while front seat
belt use rates increased early in the previous decade, for the last
several years they have plateaued. According to data from NHTSA's
National Occupant Protection Use Survey (NOPUS), from 2012 to 2021,
seat belt use was lower in the rear seat than in the front seat,
ranging from a difference of 8.8 percent in 2013 (78.3% vs. 87.1%) to
14.3 percent in 2017 (75.4% vs. 89.7%).\25\ During that time, front
seat belt use rates ranged from 86.1% in 2012 to 90.7% in 2019. In
2021, front seat belt use was 90.4% and rear seat belt use was 77.9
percent.\26\ See Figure 1.
---------------------------------------------------------------------------
\25\ Boyle, L.L. (2022, August). Occupant restraint use in 2021:
Results from the NOPUS Controlled Intersection Study (Report No. DOT
HS 813 344). National Highway Traffic Safety Administration. NOPUS
is the only nationwide probability-based observational survey of
seat belt use in the United States. The survey observes seat belt
use as it actually occurs at randomly-selected roadway sites, and
involves a large number of occupants (68,804 in 2021). NOPUS
observations are made during daylight hours and are not necessarily
representative of high-risk driving times when belt use may be
lower.
\26\ Id.
[GRAPHIC] [TIFF OMITTED] TP07SE23.000
[[Page 61681]]
Consumer survey research by NHTSA and others (such as the Insurance
Institute for Highway Safety and academic researchers) suggests that
many unbelted occupants are likely amenable to using a seat belt. Seat
belt nonusers can be categorized as either ``part-time'' nonusers or
so-called ``hard-core'' nonusers.\27\ Part-time nonusers generally
express positive attitudes toward seat belts, but do not always buckle
up, due to a range of reasons, such as short trips, forgetfulness, and
being in a rush.\28\ Hard-core nonusers are those who ``generally do
not acknowledge the benefits of seat belts and are opposed to their
use.'' \29\ Research by NHTSA and others suggests that most nonusers
are part-time nonusers, not hard-core nonusers. This is true even for
front seat occupants, for which there is a relatively high rate of
observed seat belt use. For instance, NHTSA's most recent survey of
seat belt use found that approximately 83% of drivers who did not
always use a seat belt reported using a seat belt most or some of the
time, and only 17% were hard-core nonusers who used seat belts rarely
or never.\30\ Similarly, for those who did not always use a seat belt
when riding as a passenger in the front, 89% used seat belts most or
some of the time while only 11% used a seat belt rarely or never.\31\
The same was true for rear seat passengers who did not always use a
belt, of whom 70% used a belt most or some of the time, while only 30%
used a belt rarely or never.\32\ Moreover, of the survey respondents
who reported ``always'' using a seat belt while driving, only 66%
``always'' used a seat belt when riding as a passenger in the rear
seat.\33\
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\27\ See, e.g., Transportation Research Board Study at 3.
\28\ See, e.g., Transportation Research Board Study at 32;
Spado, D., Schaad, A., & Block, A. (2019, December). 2016 motor
vehicle occupant safety survey; Volume 2: Seat belt report (Report
No. DOT HS 812 727). National Highway Traffic Safety Administration,
at p. 71 (Fig. 53); p. 76 (Fig. 54). This is a national telephone
survey periodically conducted by NHTSA. Because, unlike NOPUS, it is
not observational, the MVOSS is not the best indicator of national
belt use. In addition, because of respondent bias, the large number
of part-time users, and the tendency for survey respondents to over-
report belt use, MVOSS use rates have typically been about 10
percentage points higher than those from NOPUS, which is an
observational study, and therefore a more objective and accurate
measure of belt use. MVOSS does, however, provide demographic detail
that cannot be observed and insight into the reasons people do and
do not use seat belts.
\29\ Transportation Research Board Study at 40.
\30\ 2016 MVOSS, p.7 (calculated from Fig. 5).
\31\ Id. at p. 12 (calculated from Fig. 10).
\32\ Id. at p. 13 (calculated from Fig. 11).
\33\ Id. at p. 64 (Table 15). The MVOSS results are consistent
with, though differ somewhat from, those in a similar survey
conducted by the Agency for Healthcare Research and Quality. Chu, M.
Characteristics of Persons Who Seldom or Never Wear Seat Belts,
2002. Statistical Brief #62. December 2004. Agency for Healthcare
Research and Quality, Rockville, MD. https://meps.ahrq.gov/mepsweb/data_files/publications/st62/stat62.pdf. The reader is referred to
the discussion in Section XIV.A.2 and in the PRIA, section 4.3.
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NHTSA has, over time, tried a variety of such strategies, including
sponsoring national media campaigns, supporting the enactment of state
seat belt use laws and high-visibility enforcement, and facilitating or
requiring vehicle-based strategies.\34\ Some of these strategies are
non-regulatory; some are regulatory. One example of a non-regulatory
strategy is NHTSA's annual Click It or Ticket mobilization, which
includes a national advertising campaign backed up by high-visibility
local enforcement of state seat belt laws. Adult rear-seat passengers
are covered by seat belt laws in 32 states and the District of
Columbia. Some of these states with mandatory rear seat belt laws
include rear-seat specific messaging in their media campaigns. While
such measures have helped make enormous progress, the persistent gaps
in seat belt use suggest that additional approaches may be necessary.
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\34\ NHTSA runs a Congressionally mandated High Visibility
Enforcement (HVE) annual campaign focused on increasing seat belt
use. The Click It or Ticket (CIOT) nationwide campaign has been in
effect for about 20 years. It runs every year from Mid-May through
the Memorial Day weekend, into the first week in June.
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Seat belt warning systems are a vehicle-based strategy to increase
belt use. Seat belt warning systems encourage seat belt use by
reminding unbuckled occupants to fasten their belts and/or by informing
the driver that a passenger is unbelted, so that the driver can request
the unbelted occupant to buckle up.\35\ The warnings provided by seat
belt warning systems typically consist of visual and/or audible
signals. An optimized warning system balances effectiveness and
annoyance, so that the warning is noticeable enough that the occupants
will be motivated to fasten their belts, but not so intrusive that an
occupant may attempt to circumvent or disable it or the public will not
accept it.\36\ Research by NHTSA and others shows that seat belt
warning systems are effective at getting unbuckled occupants to fasten
their seat belt. (We take a closer look at this research in Section V
and Section XIV.A, as well as the PRIA.)
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\35\ Akamatsu, M., Hashimoto, H., and Shimaoka, S., ``Assessment
Method of Effectiveness of Passenger Seat Belt Reminder,'' SAE
Technical Paper 2012-01-0050, 2012, doi:10.4271/2012-01-0050.
\36\ See, e.g., Transportation Research Board Study at 8, 25;
Mark Freedman et al., Effectiveness and Acceptance of Enhanced Seat
Belt Reminder Systems: Characteristics of Optimal Reminder Systems
Final Report. DOT HS 811 097 at 2 (Feb. 2009) (hereinafter ``DOT
2009 Seat Belt Study'').
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Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant
crash protection,'' requires a short-duration audio-visual seat belt
warning for the driver's seat belt on passenger cars and most light-
and medium-duty trucks, MPVs, and buses. (Later in this section we
discuss the current requirements in more detail.) The visual component
of the warning generally must be at least sixty seconds long, and the
audible component must be at least four seconds long. The regulations
do not require seat belt warnings for any seating position other than
the driver's seat.
Although not required by NHTSA's regulations, most currently
produced vehicles have a seat belt warning for the front outboard
passenger seat. Almost all (96.6%) MY 2022 vehicles offered for sale in
the United States are equipped with a seat belt warning for the front
outboard passenger seat. Further, almost all vehicles already provide
an audio-visual seat belt warning for both front outboard seats that is
longer than the minimum warning for the driver's seat belt currently
required in FMVSS No. 208. However, the persistence of the front seat
belt warning, while greater than the very minimal durations required by
FMVSS No. 208, is not consistent across currently produced vehicles.
Specifically, a little over half of MY 2022 vehicles provide a visual
warning that lasts until the belts at any occupied front outboard seat
are fastened, and while almost all (about 93%) have an audible warning
lasting at least a minute and a half, less than half have an audible
warning that lasts at least two minutes.\37\ This means that while many
currently produced vehicles have significantly enhanced reminders, many
do not. This, along with the plateauing front seat belt use numbers
suggests that the current regulatory minima are too short, and that in
the absence of a requirement, persistent audible reminders that could
improve front seat belt use may not be widely provided in the market.
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\37\ See Section XI.C.1, Increasing the duration of the audio-
visual warning on vehicle start-up.
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On the other hand, while almost all model year MY 2022 vehicles
have a seat belt warning for the front outboard passenger seat, under
half come equipped with a rear seat belt warning system. Rear seat belt
warnings were first introduced in the United States by Volvo around
2009. Based on data on total projected vehicle sales in the United
States for model year (MY) 2022
[[Page 61682]]
from the agency's New Car Assessment Program (NCAP) Purchasing with
Safety in Mind: What to Look For When Buying a Vehicle program, about
46.9 percent are equipped with a rear seat belt warning system.\38\
Based on this MY 2022 data, fifteen vehicle manufacturers offer
vehicles for sale in the United States with rear seat belt warning
systems. Thus, while rear seat belt warnings have become more widely
deployed in recent years, the majority of the current fleet still is
not equipped with them.
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\38\ Through the NCAP program, NHTSA sends annual requests for
safety information about new vehicles to vehicle manufacturers. This
includes specific questions on seat belt reminder systems. The focus
of this request for information is for vehicle models that will be
sold in the upcoming model year that have a GVWR of 4,536 kg (10,000
lbs.) or less, and this data generally covers all such vehicles
offered for sale in the U.S. for MY 2022. Throughout this document
we will refer to this data as our ``NCAP data'' or ``Purchasing with
Safety in Mind: What to Look For When Buying a Vehicle'' data or
information.
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The benefits of increasing seat belt use could be sizable. The
National Academy of Sciences has noted that ``even a small increase in
belt use should have large benefits.'' \39\ The size of the unbelted
fatality problem for front seats means that even a very modest
improvement in seat belt use will have a meaningful benefit. Our
analysis found that even a 1% increase in belt usage for the driver's
seat resulted in a significant number of lives saved. With respect to
the rear seats, ``while the overall proportion of person-trips taken as
a rear-seat occupant in the U.S. is relatively low (12.9%), at-risk
travel exposure by rear-seat passengers at a national level is
substantial (approximately 39 billion annual person-trips).'' \40\
Moreover, children are proportionally much more likely to be rear seat
passengers than adults,\41\ and the increased prevalence of ridesharing
services has likely increased the prevalence of rear-seat passengers.
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\39\ Transportation Research Board Study at 19 (citing Donna
Glassbrenner. 2002. Safety Belt and Helmet Use in 2002--Overall
Results. DOT HS 809 500. Washington, DC: U.S. Department of
Transportation, National Highway Traffic Safety Administration).
\40\ Matthew J. Trowbridge & Richard Kent, Rear-Seat Motor
Vehicle Travel in the U.S.: Using National Data to Define a
Population at Risk. Am. J. Prev. Med. 37(4), 321-3 (2009).
\41\ Trowbridge & Kent at 322.
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In short, front seat belt use rates appear to have plateaued, and
rear seat belt use rates have persistently been below those for the
front seats. Moreover, unbuckled occupants continue to be
overrepresented in fatal crashes (51%), given the lower exposure of
unbelted occupants relative to belted occupants (because front seat
belt use was about 90% and rear seat belt use was 80%). Nevertheless,
in spite of the effectiveness of seat belts and seat belt warnings,
most new vehicles continue to lack a rear seat belt warning, and, while
many provide significantly enhanced reminders for the front seats, many
do not. This suggests a need for a beneficial safety technology that is
not being met in the vehicle market. This NPRM is intended to meet that
need.
In Section VI and Section XIV below, and in the PRIA, we take a
detailed look at the estimated target population, effectiveness of
front and rear belt warnings, and benefits and costs of this proposal.
III. Regulatory and Legislative History
Current Driver's Seat Belt Warning Requirements
FMVSS No. 208 is intended to reduce the likelihood of occupant
deaths and the likelihood and severity of occupant injuries in crashes.
The standard took effect in 1968 and from its inception required seat
belts in passenger cars.\42\
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\42\ 32 FR 2408, 2415 (Feb. 3, 1967).
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The standard currently requires a seat belt warning for the
driver's seat belt on passenger cars; \43\ trucks and MPVs with a GVWR
of 4,536 kg (10,000 lb) or less (except for some compliance options
which do not require the warning); \44\ and buses with a GVWR of 3,855
kg (8,500 lb) or less and an unloaded weight less than or equal to
2,495 kg (5,500 lb).\45\ The regulations do not require seat belt
warnings for any seating position other than the driver's seat.\46\
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\43\ S4.1.5.1(a)(3); S7.3.
\44\ S4.2.6; S7.3.
\45\ S4.2.6 (with the exception of some compliance options).
\46\ See, e.g., Interpretation Letter from NHTSA to R. Lucki,
July 24, 1985 (``Thus, the intent was to require a warning system
for only the driver's position.''). All NHTSA interpretation letters
cited in this preamble are available at https://isearch.nhtsa.gov/search.htm.
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Manufacturers have two compliance options for the driver's
warning.\47\ The first option requires that if the key is in the ``on''
or ``start'' position and the seat belt is not in use, the vehicle must
provide a visual warning for at least 60 seconds, and an audible
warning that lasts 4 to 8 seconds. Under the second option, when the
key is turned to the ``on'' or ``start'' position, the vehicle must
provide a visual warning for 4 to 8 seconds (regardless of whether the
driver seat belt is fastened) and an audible warning lasting 4 to 8
seconds if the driver seat belt is not in use.\48\
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\47\ 49 CFR 571.208, S7.3.
\48\ The warning requirements for automatic belts in S4.5.3
mirror, with some differences, the first compliance option.
Automatic belts are rarely, if ever, installed in current production
vehicles, and NHTSA's regulations limit the seating positions for
which automatic belts may be used to rear seats.
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Early NHTSA Experiences With Seat Belt Warnings
Between 1967 and 1974, NHTSA promulgated a series of different
occupant protection regulations that specified as compliance options
various combinations of active and passive occupant crash protection,
seat belt interlocks, and seat belt warnings.\49\ A seat belt warning
was first required in 1971, when NHTSA sought to increase seat belt use
by adopting occupant protection compliance options that included the
use of a seat belt warning for the front outboard seating
positions.\50\ This seat belt warning option required audible and
visible warning signals that lasted for as long as the occupant was
unbelted, the ignition was ``on,'' and the transmission was in forward
or reverse. In 1972, NHTSA adopted occupant protection options for
passenger cars that included (for cars that did not provide automatic
protection) an interlock system that would prevent the engine from
starting if any of the front seat belts were not fastened.\51\ Contrary
to the agency's expectations, the initial vehicle introduction of these
systems in the early 1970s was not well-received by the public. In
particular, continuous buzzers and ignition interlocks annoyed many
consumers to the point of their disabling or circumventing the systems.
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\49\ ``Active protection'' refers to features, such as manual
seat belts, that require action by the occupant, while ``automatic
protection'' or ``passive protection'' refers to safety features
that do not require any action by the occupant other than sitting in
a designated seating position. Seat belt interlocks prevent starting
or operating a motor vehicle if an occupant is not using a seat
belt. For a fuller discussion of the history of the active and
passive protection requirements in FMVSS No. 208, see Stephen R.
Kratzke, Regulatory History of Automatic Crash Protection in FMVSS
208. SAE Technical Paper 950865, International Congress and
Exposition, Society of Automotive Engineers, Detroit, Michigan, Feb.
27-March 2 (1995).
\50\ 36 FR 4600 (May 10, 1971).
\51\ 37 FR 3911 (Feb. 24, 1972).
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As a result of the negative consumer reaction, Congress adopted a
provision, as part of the Motor Vehicle and School Bus Safety
Amendments of 1974, prohibiting NHTSA from prescribing a motor vehicle
safety standard that required, or permitted as a compliance option,
seat belt interlocks or audible seat belt warnings lasting longer than
eight seconds.\52\ In response, NHTSA amended FMVSS No. 208 in 1974 to
require that only the driver seating
[[Page 61683]]
position be equipped with a seat belt warning system providing a visual
and audible warning, with the audible warning not lasting longer than
eight seconds.\53\ The limited-duration driver's seat belt warning
requirement has remained in the standard, with some changes, since
1974. Since that time FMVSS No. 208 has not been amended to require
seat belt warnings for any passenger seating positions.
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\52\ These amendments were codified at 49 U.S.C. 30124. As
explained below, the provisions were amended in 2012 by the Moving
Ahead for Progress in the 21st Century Act.
\53\ 39 FR 42692 (Dec. 6, 1974).
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Recent Regulatory History
In 2001, the House Committee on Appropriations directed NHTSA to
contract with the Transportation Research Board (TRB) of the National
Academy of Sciences to conduct a study on the benefits and
acceptability of minimally intrusive vehicle technologies to increase
seat belt use.\54\ The Committee also requested that the study consider
potential legislative and regulatory actions to facilitate installation
of devices to encourage seat belt use. The TRB report (published in
2004) found that new seat belt use technologies existed that could
increase belt use without being overly intrusive.\55\ It recommended
that rear seat belt warning systems be developed and that NHTSA
undertake a broad, multi-year program of research on the effectiveness
and acceptability of different seat belt warning systems to establish a
basis for future regulation. It also recommended that Congress amend
the Safety Act to eliminate the 8-second limit on the length of the
audible warning.
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\54\ House Report 107-108, June 22, 2001.
\55\ Transportation Research Board Study at 9.
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In 2002 and 2003, NHTSA sent letters to several vehicle
manufacturers encouraging them to enhance seat belt warning systems
beyond the FMVSS No. 208 minimum requirements.\56\ The agency
facilitated the voluntary adoption of enhanced warnings through a
series of legal interpretations that determined that the Safety Act did
not prohibit manufacturers from implementing enhanced warning systems
as long as the manufacturer provided some means of differentiating the
voluntarily-provided signal from the required signal (for example, by a
clearly distinguished lapse in time between the two signals).\57\ (An
``enhanced'' system is one with visual and/or audible warning signals
that exceed the durations specified in FMVSS No. 208, S7.3, and/or that
applies to seating positions other than the driver's seat. A ``basic''
system is one that simply meets the minimum requirements in FMVSS No.
208.) Many vehicle manufacturers subsequently implemented enhanced seat
belt warnings for the driver and right front outboard seating
positions. Based on information submitted to the agency in connection
with NCAP, for MY 2022, 99.6 percent of participating vehicle models
offered for sale in the United States had an enhanced warning (audible
and/or visual) for the driver, right front passenger, or both.
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\56\ See Docket No. NHTSA-2002-13226.
\57\ See Docket Nos. NHTSA-2001-9899, NHTSA-2002-13379, NHTSA-
2003-14742, NHTSA-2003-15006, and NHTSA-2003-15156.
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In 2005, Congress passed legislation--the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act--a Legacy for Users
(SAFETEA-LU) \58\--that required NHTSA to evaluate the effectiveness
and acceptability of several different types of enhanced seat belt
warnings offered by a number of manufacturers. In response, the agency
conducted a comprehensive multi-phase research study (explained in
Section V below).
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\58\ Public Law 109-59, 10306 (2005).
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On November 21, 2007, Public Citizen and Advocates for Highway and
Auto Safety (Advocates, and, collectively, petitioners) petitioned
NHTSA to amend FMVSS No. 208 to require a seat belt warning system for
rear seats on passenger cars and MPVs with a GVWR of 4,536 kg (10,000
lb) or less.\59\ The petitioners noted that primary enforcement laws
typically do not cover rear seat occupants and that studies have
indicated that warnings for rear seat belts would significantly
increase rear passenger seat belt use. The petitioners stated that rear
seat belt warnings are technologically feasible and would be less
costly if they were required in all vehicles. The petitioners provided
a range of estimates of how much a rear seat belt warning system could
increase rear belt use. The petitioners stated that rear seat belt
warnings would save hundreds of lives each year and that a large
percentage of the lives saved would be children. As noted in the
ANPRM,\60\ NHTSA granted the petition.
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\59\ Docket No. NHTSA-2010-0061-0002.
\60\ 84 FR 51076 (Sept. 27, 2019).
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On June 29, 2010, the agency published a Request for Comments
document (RFC) on the petition.\61\ The RFC discussed the agency's
research and findings regarding requiring rear seat belt warnings and
solicited comments.
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\61\ 75 FR 37343 (June 29, 2010) (Docket No. NHTSA-2010-0061).
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The agency received 26 comments. Five commenters opposed requiring
rear seat belt warnings: Ford Motor Company, General Motors, the
Alliance of Automobile Manufacturers (Alliance), the Association of
International Automobile Manufacturers,\62\ and a commenter from the
general public. These commenters believed that a requirement for rear
seat belt warnings was premature and that it should remain voluntary,
and some supported using NCAP to encourage their penetration in the
market. Among those that supported requiring rear seat belt warnings
were IEE S.A., Consumers Union, the Insurance Institute for Highway
Safety (IIHS), the Automotive Occupant Restraint Council (now known as
the Automotive Safety Council), and the American Academy of Pediatrics.
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\62\ The Association of International Automobile Manufacturers
subsequently became the Association of Global Automakers (Global).
The Alliance and Global have merged to become the Alliance for
Automotive Innovation.
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In 2012, Congress passed the Moving Ahead for Progress in the 21st
Century Act (MAP-21).\63\ That legislation contains two provisions
regarding seat belt warning systems. First, it repeals the 8-second
durational limit for the driver's seat belt audible warning.\64\
Second, it requires the Secretary of DOT to initiate a rulemaking
proceeding to amend FMVSS No. 208 to provide a safety belt use warning
system for designated seating positions in the rear seat.\65\ It
directs the Secretary to either issue a final rule, or, if the
Secretary determines that such an amendment does not meet the
requirements and considerations of 49 U.S.C. 30111,\66\ to submit a
report to Congress describing the reasons for not prescribing such a
standard.
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\63\ Public Law 112-141 (2012).
\64\ Id. at section 31202(a)(2) (repealing portion of 49 U.S.C.
30124).
\65\ Id. at section 31503. Authority has been delegated to
NHTSA. 49 CFR 1.95.
\66\ Section 30111 requires that a Motor Vehicle Safety Standard
meet the need for safety, be stated in objective terms, and be
practicable, among other requirements. See infra Section VIII.
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In accordance with MAP-21, in early 2013 NHTSA initiated a
rulemaking proceeding when it submitted for public comment a proposal
to undertake a study regarding the effectiveness of existing rear seat
belt warning systems.\67\ (The results of this study are discussed in
Section V below.) In 2017, the Center for Auto Safety and Kids and Cars
filed a petition for a writ of mandamus in the United States Court of
Appeals for the District of Columbia Circuit to compel DOT to initiate
and complete a rulemaking to require a rear
[[Page 61684]]
seat belt warning.\68\ The Court subsequently denied the petition
without prejudice to renewal in the event of significant additional
agency delay.\69\ In 2019, NHTSA published an Advance Notice of
Proposed Rulemaking seeking comment on a variety of issues related to
potential rear seat belt warning requirements. The ANPRM is discussed
in Section VII.
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\67\ 78 FR 5865 (Jan. 28, 2013).
\68\ In re Kids and Cars, Inc., No. 17-1229, Doc. 1702061 (D.C.
Cir. filed Oct. 30, 2017).
\69\ In re Kids and Cars, Inc., No. 17-1229 (D.C. Cir. June 5,
2018).
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IV. ECE Requirements and Euro NCAP
ECE Requirements
The European Union has issued an updated version of Regulation No.
16 \70\ of the Economic Commission for Europe of the United Nations
(UNECE) that requires seat belt reminder systems in all front and rear
seats on new cars.\71\ The seat belt reminder system is required to
have both a start-of-trip warning and a change-of-status warning for
both the rear and front seats, though the exact requirements differ
somewhat for rear and front seats.
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\70\ ECE Regulation No. 16, Revision 10.
\71\ The regulation was introduced in two phases: September 1,
2019 for new vehicle types (i.e., applied to all vehicle models that
get a new type approval) and September 1, 2021 for all newly
produced and registered vehicles.
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Rear seat requirements. R16 specifies a two-level warning. The
first-level warning is a visual warning and the second-level warning is
an audio-visual warning. The first-level warning applies at the start
of a trip and the second-level warning applies when a fastened belt
becomes unfastened during a trip. The first-level warning must activate
when the seat belt of any of the rear seats is not fastened and the
ignition switch or master control switch is activated. The first-level
warning must last at least 60 seconds or until the belt is fastened (or
the seat is no longer occupied, if equipped with occupant detection).
The second-level warning must activate when a belt becomes unfastened
and certain specified speed or distance thresholds are met and must
last for 30 seconds unless other specified criteria are met (e.g., the
belt is re-fastened).
Front seat requirements. The front seat belt warning requirements
are similar to the rear seat warnings, with some differences. First,
the first-level visual warning is only required to last 30 seconds, not
60 seconds. Second, the second-level warning applies to unfastened
belts at the start of the trip as well as to changes in belt status.
The regulation also contains a variety of other requirements
relating to the seat belt warning systems (e.g., telltales, exemptions
for certain vehicles and seating positions). R16 also allows for short
and long-term deactivation of both front and rear warnings.
The ECE requirements are discussed in more detail where relevant in
later sections of this preamble.
Euro NCAP
Euro NCAP introduced bonus points for seat belt warnings in 2002.
The Euro NCAP protocol for Safety Assist systems describes which
features a seat belt reminder must have to qualify for extra
points.\72\
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\72\ European New Car Assessment Programme Assessment Protocol--
Safety Assist, Version 9.1, November 2021.
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Rear seat warnings. For rear seats, a visual signal must start once
the ignition switch is engaged. The visual signal must be at least 60
seconds long. Occupant detection is not required for rear seats, but
systems that feature rear seat occupant detection are eligible for
higher scores. For systems without occupant detection, the visual
signal must clearly indicate to the driver which seat belts are in use
and not in use. For systems with occupant detection on all rear seating
positions, the visual signal does not need to indicate the number of
seat belts in use or not in use, but the signal must remain active if a
seat belt remains unfastened on any of the occupied seats in the rear.
No visual signal is required if all the rear occupants are belted. For
systems with rear seat occupant detection, a 30-second audible signal
needs to activate before the vehicle reaches a speed of 25 km/h or
before it travels 500 meters when any occupied seat has an unbuckled
belt.\73\ When any seat belt experiences a change of status at vehicle
speeds above 25 km/h, an audio-visual signal is required, with the
visual signal lasting 60 seconds and the audible warning lasting 30
seconds, unless certain conditions are met.
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\73\ For front seat belts, the assessment protocol requires both
a visual and an audible warning signal. The front occupant visual
signal must remain active until the seat belt is fastened. The
audible signal for the front occupants has two stages, an initial
and final audible signal, which have different onset criteria. The
initial audible signal must not exceed 30 seconds and the final
audible signal must be at least 90 seconds. To prevent unnecessary
signals, the system must also be capable of detecting whether the
front passenger seat is occupied.
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Front seat warnings. The Euro NCAP protocol requires that, in order
to receive points, at the start of a trip the system must provide a
visual seat belt warning that lasts until the belt is fastened \74\ and
an audible warning that activates when certain conditions are met and
generally must last at least about 90 seconds (the exact duration
depends on a variety of specified criteria, such as vehicle speed or
distance travelled). It also specifies an audio-visual change-of-status
warning that meets the requirements of the initial start of trip
warning.
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\74\ Sction 3.4.2.1.
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V. NHTSA Research on Effectiveness and Acceptance of Seat Belt Warning
Systems
NHTSA has taken a variety of actions to research the effectiveness
and acceptance of seat belt warnings.
In 2002 the agency chartered an integrated project team to
recommend strategies for increasing seat belt use.\75\ The team's
report, issued in 2003, observed that ``[d]espite the significant
increases over the past twenty years, safety belt use in the United
States falls short of that in some industrialized nations.'' \76\ The
report also noted that there are a ``wide range of initiatives . . .
that have the potential to raise and/or sustain safety belt use
rates.'' The report went on to identify several such initiatives, which
it classified as either behavioral or vehicle-based. The behavioral
strategies included upgrading existing State seat belt laws, high-
visibility enforcement campaigns, a national communications plan,
employer policies and regulation, and insurance industry collaboration.
The vehicle-based strategies included encouraging vehicle manufacturers
to voluntarily install enhanced seat belt warning systems, providing
consumer information on vehicles equipped with enhanced warning systems
as part of NCAP, and continued monitoring and assessment of the
effectiveness and acceptability of enhanced seat belt warnings through
research.
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\75\ See 68 FR 46262 (Aug. 5, 2003).
\76\ U.S. Department of Transportation, National Highway Traffic
Safety Administration. July 2003. Initiatives to Address Safety Belt
Use, available at www.regulations.gov (docket NHTSA-2003-14621).
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In response to the 2005 SAFETEA-LU mandate, NHTSA undertook a
multi-phase research study of seat belt warnings. NHTSA published
several reports on these studies. Three are particularly relevant to
this's NPRM. The first is a large-sample (approximately 40,000
observations) national observational study on the effectiveness of
front seat belt warnings.\77\ The study covered several states in
different parts of the country. The vehicles in the study sample had a
wide variety of seat belt warning
[[Page 61685]]
systems. These included warning systems that had only the minimum
features required by FMVSS No. 208, as well as twenty different
enhanced warning systems. Because of the detail of the data gathered
(e.g., occupant demographic and vehicle-specific information), the
analysis was able to control for confounding factors. The second study
uses an experimental or focus-group-based approach to study consumer
acceptance as well as effectiveness.\78\ The third report summarized
and extended the analyses from the previous two reports.\79\ This
series of research studies shows, among other things, that the presence
of an enhanced front seat belt reminder system increased front outboard
passenger seat belt use by about 3 to 4 percentage points more than in
vehicles with only a driver seat belt warning system meeting the
minimum requirements in S7.3.
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\77\ Mark Freedman et al. The Effectiveness of Enhanced Seat
Belt Reminder Systems Draft Report: Observational Field Data
Collection Methodology and Findings. 2007. DOT HS-810-844.
Washington, DC: National Highway Traffic Safety Administration.
\78\ N. Lerner et al. 2007. Acceptability and Potential
Effectiveness of Enhanced Seat Belt Reminder System Features. DOT HS
810 848. Washington, DC: National Highway Traffic Safety
Administration [hereinafter DOT 2007 Acceptability Study].
\79\ DOT 2009 Belt Warning Study, supra note 36.
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In 2015 the agency completed an additional report on a study of the
effectiveness and consumer acceptance of rear seat belt warnings.\80\
This study utilized a telephone survey of the drivers of vehicles with
and without rear seat belt warning systems. The study found that
overall, drivers of vehicles with a rear seat belt warning system were
satisfied with the system and noticed an increase in rear seat belt
use. For example, among drivers of vehicles with a rear seat belt
warning, approximately 80% were satisfied with the system and 65%
reported that the rear seat belt warning made it easier to encourage
rear seat passengers to buckle up. About one-quarter of drivers (24%)
of vehicles equipped with a rear seat belt warning system noticed an
increase in rear seat belt use. When asked about their experience with
the change of seat belt buckle status alert, close to half of the
drivers of vehicles with a rear seat belt warning system (49%) said
that their system had indicated, within the past year, that a passenger
had unfastened his/her seat belt. Overall, of those who reported
experiencing a change of seat belt status alert (49%), over three-
quarters of these drivers (77%) said that the unbuckled passenger
eventually did refasten her seat belt, either on her own or at the
driver's request.
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\80\ Paul Schroeder & Melanie Wilbur. 2015. Survey of Principal
Drivers of Vehicles with a Rear Seat Belt Reminder System.
Washington, DC: National Highway Traffic Safety Administration.
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In 2021, NHTSA published an update of the 2009 Belt Warning
Study.\81\ The purpose of the report was to examine the front seat belt
warning system features associated with greater effectiveness in
increasing seat belt use. Because of limitations with the collected
data, the findings of the report were relatively limited. However, the
report found (consistent with the earlier research) that ``systems with
sound, icon, and text had generally higher seat belt use rates than
systems without all of these features.''
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\81\ Polson, A., Lerner, N., Burkhardt, E., Piesse, A., Zador,
P., & Janniello, E. (2021, October). Enhanced seat belt reminder
systems: An observational study examining the relationship with seat
belt use (Report No. DOT HS 812 808). National Highway Traffic
Safety Administration, Pg. 40.
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The results of this research are discussed in more detail
throughout the preamble. The relevant research reports have also been
placed in the docket for this rulemaking.
VI. Safety Need
As noted earlier, rear seat belt use has consistently been lower
than front seat belt use. NHTSA estimated the target populations for
rear and front outboard passenger seat belt warnings, as well as the
effectiveness of the warnings. This section provides a summary of these
estimates. For additional discussion of the methodology used to derive
these estimates, see the discussion in the Preliminary Regulatory
Impact Analysis as well as the studies placed in the docket.
To estimate the target populations for the rear and front passenger
seats--that is, the number of unrestrained occupants who could be
expected to potentially benefit from the proposed seat belt warning
requirements--NHTSA examined data from the Fatality Analysis Reporting
System (FARS) \82\ and the National Automotive Sampling System (NASS)
Crashworthiness Data System (CDS) \83\ from 2011 to 2015. Because seat
belts are effective at preventing deaths and injuries in all types of
motor vehicle crashes,\84\ the target populations include fatalities
and injuries from different crash modes. We examined fatalities and
injuries for occupants in passenger cars, trucks, buses, and MPVs with
a GVWR of 4,536 kg (10,000 lb) or less (the vehicles [with some
exceptions] to which the proposed requirements would apply). We
adjusted these to account for future decreases in fatalities and
injuries projected to occur in the absence of the proposed requirements
due to the introduction of other mandatory safety technologies (e.g.,
electronic stability control, ejection mitigation side curtain air
bags).
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\82\ See NHTSA, NCSA Reports and Publications, https://www.nhtsa.gov/FARS. FARS contains data on a census of fatal traffic
crashes within the 50 States, the District of Columbia, and Puerto
Rico. To be included in FARS, a crash must involve a motor vehicle
traveling on a traffic way customarily open to the public, and must
result in the death of an occupant of a vehicle or a non-occupant
within 30 days of the crash.
\83\ The CDS target population is defined as police-reported
motor vehicle traffic crashes involving at least one passenger car,
pickup, van, or SUV (also called CDS applicable vehicles) that was
towed from the scene due to damage.
\84\ DOT Lives Saved Study at 106 (front seats); Id. at 112
(rear seats). Seat belts are less effective in severe near-side
impacts or other catastrophic crashes. Id. at 112.
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Based on FARS and NASS-CDS data from 2011 to 2015, on average 1,002
unrestrained rear occupants were killed in crashes and 7,821 were
injured annually.\85\ After adjusting these to account for future
decreases in fatalities and injuries projected to occur in the absence
of the proposed requirements due to the introduction of other mandatory
safety technologies, there were, on average, 475 fatalities and 7,036
injuries to unrestrained rear seat occupants each year. This is the
overall target population for the proposed rear seat belt warning
requirements.
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\85\ See PRIA, Appendix D.
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Turning to the target population for the driver and front outboard
passenger seat, from 2011 to 2015, annually an average of 7,503
unrestrained drivers were killed in crashes and an average of 1,453
unrestrained front outboard passenger seat occupants were killed in
crashes and 63,436 unrestrained drivers and front outboard passenger
occupants were injured.\86\ After adjusting these to account for future
decreases in fatalities and injuries projected to occur in the absence
of the proposed requirements due to the introduction of other mandatory
safety technologies, there were, on average, 6,733 fatalities and
47,952 injuries to unrestrained front outboard seat occupants each
year. This is the overall target population for the proposed front
outboard passenger seat belt warning requirements.
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\86\ See PRIA, Appendix D.
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VII. ANPRM
On September 27, 2019, in accordance with the grant of the petition
from Public Citizen and Advocates for Highway and Auto Safety and
continuing with the proceeding that MAP-21 required to be initiated,
NHTSA published an ANPRM for requiring rear seat belt warning
systems.\87\ The ANPRM sought
[[Page 61686]]
comment on a variety of issues related to a requirement for a rear seat
belt warning system, including potential requirements for such systems,
the vehicles to which they should apply, their effectiveness, the
likely consumer acceptance, and the associated costs and benefits. It
also sought comment on removing the 8-second maximum duration for the
driver's seat belt warning specified in FMVSS No. 208 S7.3 to reflect
MAP-21's repeal of the statutory limitation that was the basis for this
provision.
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\87\ 84 FR 51076 (Sept. 27, 2019).
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The comment period closed on November 26, 2019. NHTSA received 45
comments: five comments from vehicle manufacturers; two from school
transportation associations; two from vehicle manufacturer
associations; seven from safety advocacy groups; seven from automotive
industry suppliers and trade associations; one comment each from a
foreign country, insurance institute, consumer program, and bus
manufacturer; and eighteen comments from individual members of the
public.
Most commenters, including safety advocates, vehicle manufacturers
and suppliers, and individual members of the public, supported a rear
seat belt warning requirement. Some commenters (including a bus
manufacturer, a bus supplier, an association of school bus operators,
and some individual commenters) recommended that the requirements not
apply to heavy vehicles such as buses or school buses, citing concerns
with installation, costs, the driver's role, and maintenance.
Vehicle manufacturers and suppliers commented that the requirements
should harmonize with ECE R16, while some other commenters
(predominantly safety advocacy groups) supported departures from the
ECE R16 requirements, arguing that harmonization should not come at the
expense of safety. Thus, while most commenters supported requiring a
visual warning on vehicle start-up and an audio-visual change-of-status
warning for a belt that is unfastened when the vehicle is moving, some
commenters favored requiring enhanced features such as an audio-visual
warning on vehicle start-up and occupant detection.
A few commenters (Advocates, Kids and Cars, Center for Auto Safety)
pointed out the delays with this rulemaking and the urgency for a final
rule. Most vehicle manufacturers supported removing the upper limit on
the duration of the audible warning for the driver's seat belt.
VIII. NHTSA's Statutory Authority
NHTSA is proposing this's NPRM pursuant to its authority under the
National Traffic and Motor Vehicle Safety Act.
Under 49 U.S.C. chapter 301, Motor Vehicle Safety (49 U.S.C. 30101
et seq.), the Secretary of Transportation is responsible for
prescribing motor vehicle safety standards that are practicable, meet
the need for motor vehicle safety, and are stated in objective
terms.\88\ ``Motor vehicle safety'' is defined in the Motor Vehicle
Safety Act as ``the performance of a motor vehicle or motor vehicle
equipment in a way that protects the public against unreasonable risk
of accidents occurring because of the design, construction, or
performance of a motor vehicle, and against unreasonable risk of death
or injury in an accident, and includes nonoperational safety of a motor
vehicle.'' \89\ ``Motor vehicle safety standard'' means a minimum
performance standard for motor vehicles or motor vehicle equipment.\90\
When prescribing such standards, the Secretary must consider all
relevant, available motor vehicle safety information.\91\ The Secretary
must also consider whether a proposed standard is reasonable,
practicable, and appropriate for the types of motor vehicles or motor
vehicle equipment for which it is prescribed and the extent to which
the standard will further the statutory purpose of reducing traffic
accidents and associated deaths.\92\ The responsibility for
promulgation of Federal motor vehicle safety standards is delegated to
NHTSA.\93\ In making the proposals in this's NPRM, the agency carefully
considered all the aforementioned statutory requirements. They are
discussed in more detail throughout the preamble and in the regulatory
analyses. In addition, MAP-21 directed NHTSA to initiate a rulemaking
to require a seat belt warning for the rear seats in motor vehicles
(see Section III, Regulatory and Legislative History).
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\88\ 49 U.S.C. 30111(a).
\89\ 49 U.S.C. 30102(a)(9).
\90\ Section 30102(a)(10).
\91\ Section 30111(b)(1).
\92\ Section 30111(b)(3)-(4).
\93\ See 49 CFR 1.95.
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IX. Overview of Proposed Requirements
As previously mentioned, this NPRM proposes amending the existing
seat belt warning provisions in FMVSS No. 208. This proposal has two
main components. The first proposes requiring a seat belt reminder for
the rear seats. The second proposes changes and enhancements to the
seat belt warning requirements for the front outboard seats. These
proposed requirements would apply to passenger cars and trucks, buses
(except school buses), and multipurpose passenger vehicles with a GVWR
of 4,536 kg (10,000 lb) or less.
Rear Seat Belt Reminder Requirements
The first component of this NPRM is a set of proposed requirements
for a seat belt warning for rear seats. The proposed requirements have
four main elements.
Visual warning on vehicle start-up to inform the driver of
the status of the rear seat belts. We propose three different
compliance options for the rear seat belt warning system. The first
would require the system to indicate how many or which rear seat belts
are in use (the ``positive-only'' option). The second would require the
system to indicate, for the occupied rear seats, how many or which rear
seat belts are not in use (the ``negative-only'' option). The third
would require the system to indicate, for the occupied rear seats, how
many or which rear seat belts are in use and how many or which rear
seat belts are not in use (the ``full-status'' option). Certain
features would be required of all the options. Each system would have
to provide a continuous or flashing visual warning, consisting of
either icons or text, visible to the driver. The visual warning would
have to last for at least 60 seconds, beginning when the vehicle's
ignition switch is moved to the ``on'' or ``start'' position. The
negative-only and full-status compliance options would require that the
rear seats be equipped with a belt latch sensor and an occupant
detection system (which facilitates these more-informative warnings),
while the positive-only option would only require that the rear seats
be equipped with a belt latch sensor.
Audio-visual change-of-status warning. We propose an
audio-visual warning whenever a fastened rear seat belt is unfastened
while the ignition switch is in the ``on'' or ``start'' position and
the vehicle's transmission selector is in a forward or reverse gear.
The warning would have to last for at least 30 seconds. We do not
propose any requirements for the volume or tone of the warning. The
intent of this warning is to alert the driver or other occupants of a
change in belt status during a trip. The warning would not be required
if a door is opened, which would be the case if a rear passenger
unfastened their belt in order to exit the vehicle.
[[Page 61687]]
Requirements related to electrical connections. Readily
removable rear seats would be required to either automatically connect
the electrical connections when the seat is put in place, or, if a
manual connection is required, the connectors must be readily-
accessible. Further, vehicles utilizing the negative-only compliance
option would be required to provide a visual warning to the driver if a
proper electrical connection has not been established for a readily
removable rear seat.
Owner's manual requirements. We propose that the vehicle
owner's manual (which includes information provided by the vehicle
manufacturer to the consumer, whether in digital or printed form)
describe the warning system's features, including the location and
format of the visual warnings. We also propose that the owner's manual
(which includes information provided by the vehicle manufacturer to the
consumer, whether in digital or printed form) include instructions on
how to make any manual electrical connections for readily removable
seats.
Front Outboard Seat Belt Warning Requirements
We propose several changes and enhancements to the seat belt
warning requirements for the front outboard seats:
Audio-visual warning on vehicle start-up for front
outboard passenger seat. Currently, only the driver's seat is required
to have a seat belt warning, although almost all vehicles now provide a
seat belt warning for the front outboard passenger seat as well.
Accordingly, we propose to require a seat belt warning for the front
outboard passenger seat. In addition, for an ADS-equipped vehicle that
has no manually-operated driving controls, we are proposing that the
front passenger warning apply to ``any'' front outboard passenger.
Increasing the duration of the audio-visual warning on
vehicle start-up. We propose enhancing the front seat belt warning
duration by requiring an audio-visual warning that remains active until
the seat belt at any occupied front outboard seat is fastened. We are
proposing this in light of a variety of factors, including the increase
in roadway fatalities, the lack of improvement of front seat belt use
rates, and the fact that the audio-visual warnings with which vehicle
manufacturers are currently equipping vehicles significantly exceed the
4-second regulatory minimum (including a non-trivial share of currently
sold vehicles with an indefinite-duration reminder). Vehicle
manufacturers can adjust warning signal characteristics (such as
frequency and volume) to make the warning both effective and acceptable
to consumers. We are also proposing some additional requirements for
the warning related to increasing the duration (for example, specifying
at least a 20 percent duty cycle for the warning).
Audio-visual change-of-status warning. We also propose to
require an audio-visual change-of-status warning whenever a front
outboard passenger seat belt is unbuckled during a trip (unless a front
door is opened, to account for an occupant unfastening the belt to exit
the vehicle). The warning would be required to remain active until the
seat belt is refastened.
Driver seat belt warning for medium-sized buses. FMVSS No.
208 currently does not require a driver seat belt warning for medium-
sized buses (roughly, buses that weigh between 3,855 kg (8,500 lb) and
4,536 kg (10,000 lb)). We are now proposing to require that these buses
be equipped with a driver seat belt warning. NHTSA is unaware of any
such buses that do not already have an FMVSS No. 208-compliant driver
seat belt warning.
Effective Date
We propose an effective date of the first September 1 that is one
year after the publication of the final rule for the front seat belt
warning system requirements and the first September 1 that is two years
after the publication of the final rule for the rear seat belt warning
system requirements, with optional early compliance. For example, if
the final rule were published on October 1, 2022, the effective date
would be September 1, 2024 for the front seat belt warning system
requirements and September 1, 2025 for the rear seat belt warning
system requirements. Consistent with 49 CFR 571.8(b), multi-stage
manufacturers and alterers would have an additional year to comply.
X. Proposed Rear Seat Belt Warning 94
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\94\ Comments are from the ANPRM unless otherwise noted. As
discussed in more detail in the regulatory alternatives section,
many commenters (OEMs and trade groups) generally recommended
harmonizing with R16 and/or other NCAP programs. In the following
sub-sections, we include comments that specifically recommended
harmonizing with R16 or Euro NCAP with respect to the particular
issue being discussed.
---------------------------------------------------------------------------
A. Overview
The proposed rear seat belt warning requirements have four main
components: a visual warning on vehicle start-up to alert and inform
the driver of the status of the rear seat belts; an audio-visual
change-of-status warning when a rear seat belt is unbuckled during a
trip; requirements for the electrical connections for readily removable
seats; and owner's manual requirements. We also propose requirements
for several characteristics of this warning, such as duration and
triggering conditions. We also discuss related issues such as hardening
the system against user circumvention, consumer acceptance, and
technological and economic feasibility.
The proposed changes would apply to all rear designated seating
positions in passenger cars, trucks, buses (except school buses), and
MPVs with a GVWR of 4,536 kg (10,000 lb) or less.
B. Applicability
The ANPRM sought comment on the vehicles to which a rear seat belt
warning requirement should apply. The current FMVSS No. 208 generally
requires rear seat belts in passenger cars, trucks, MPVs, buses less
than 10,000 lb, over-the-road buses between 10,000 lb and 26,000 lb,
and buses greater than 26,000 lb (except school, perimeter-seating, and
transit buses). We observed that high-occupancy vehicles might pose
challenges for implementing a rear warning system due to the potential
complexities of the visual signal, number of seats, and other issues.
At the same time, such vehicles could be at least as likely--if not
more likely--to have rear occupants. With respect to school buses, a
rear seat belt warning requirement might place additional cost burdens
on school systems, potentially leading to reductions in school bus
service, with a concomitant increased risk to students.\95\ We also
noted that school buses utilize compartmentalization to reduce the risk
of crash injury, even to the unbelted.
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\95\ See 76 FR 53102 (Aug. 25, 2011) (denial of a petition for
rulemaking to mandate the installation of three-point seat belts for
all seating positions on all school buses).
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The ECE R16 rear belt warning requirements apply to M1 and N1
vehicle categories (passenger cars, multipurpose passenger vehicles,
vans, pick-ups and light trucks), with exemptions for ambulances,
hearses, and motor-caravans, as well as for all seats for vehicles used
for transport of persons with disabilities, vehicles intended for use
by the armed services, civil defense, fire services and forces
responsible for maintaining public order.\96\
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\96\ Sec. 8.4.1.2.
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[[Page 61688]]
Comments
Advocates commented that the requirements should apply, at a
minimum, to all passenger vehicles, and should apply in all vehicles in
which data indicates belt non-use is occurring. Freedman Seating
Company (a manufacturer of seating for the transportation industry)
favored a requirement for all vehicles (and, presumably, seating
positions) requiring Type 2 seat belts.\97\ A number of commenters
recommended that the requirements harmonize with R16. Two commenters
stated that, consistent with ECE R16-07, vehicles such as ambulances,
hearses, and police cars should be exempt from any requirements. Two
commenters similarly stated that the rule should only apply to vehicles
under 10,000 pounds GVWR (with some specific exclusions for certain
vehicle types). A commenter argued that while there might be benefits
to a requirement for commercial vehicles and buses, it could pose
considerable challenges for those vehicles, so any requirements for
larger vehicles should be considered in a separate rulemaking.
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\97\ A Type 1 seat belt assembly is a lap belt for pelvic
restraint, and a Type 2 seat belt assembly is a combination of
pelvic and upper torso restraints (3-point belt). Type 2 belts are
required for most rear seats in passenger cars. S4.1.5.5. Type 2
belts are also required for most rear seats on buses required to
have rear seat belts. Type 2 belts are also required on most rear
seats in trucks and MPVs less than or equal to 10,000 lb. Type 2
belts generally are not required on side-facing seats.
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We also received several comments specifically about applicability
to buses. One comment stated that seat belt reminder systems should be
included in vehicles 10,000 lb and under, including high-occupancy
vehicles such as 15-passenger vans and school buses, given the
likelihood of vulnerable (e.g., children) rear seat passengers and the
difficulty for the driver to determine if occupants are belted. Other
commenters opposed a requirement for some or all buses. A commenter
opposed requirements for any buses based on what it characterized as
the complexity, cost, potential for driver distraction, and lack of
data supporting effectiveness.\98\ A commenter stated that rear seat
belt warnings should not be required in motorcoaches; \99\ while
technically feasible, such a requirement would be costly and not
suitable. The commenter's concerns were similar to those that detailed
for school buses (see below).
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\98\ Blue Bird's comment was unclear, because it also
specifically commented that it was opposed to any changes which
expand the requirements of FMVSS No. 208 for buses with a GVWR
greater than 3,855 kg (8,500 lb), including the proposed requirement
for rear passenger seat belt warning systems.
\99\ We assume that this refers to traditional motorcoaches
which are over 10,000 lb.
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Several commenters argued that school buses should be excluded from
any requirements. They made a variety of arguments on this point.
The commenters argued that a requirement for school buses would be
prohibitively expensive. One commenter stated that it could dissuade
pupil transporters from voluntarily equipping large buses with seat
belts, as well as provoke objections to laws that require them. Several
comments questioned the technical feasibility and the potential for
malfunctions and false alarms. A commenter stated that because of the
complexity of any system required for a vehicle with a large number of
rear seating positions, improper detection is a real possibility. Two
commenters similarly said that the sensors might not be sophisticated
enough to deal with the variations found in the school bus operating
environment, because children that ride in school buses are of varying
ages and sizes, with NSTA noting the possibility of false alarms. A
commenter stated that the school bus interior is a harsh environment
and the necessary wiring and connections are subject to failure by
exposure or tampering; this failure for hardwired systems could be
eliminated through use of wireless technology, but transmitting devices
are also subject to failure, and require power. However, some
commenters noted that rear warnings for school buses may be technically
feasible and are, to some extent, currently available.
Two commenters also raised potential unintended consequences of
school bus driver distraction. A commenter brought up that driver
distraction is perhaps the greatest concern for the implementation of
warning device technology in school buses. The primary function of the
school bus driver is to safely transport the student passengers; the
bus driver must be able to fully focus on driving, so each activation
of a warning would require a bus driver to transfer focus to the
display source to read the data, understand the data, then interpret
the data to the exact student/location in the bus. At that point, the
driver would need to direct the student to buckle up if that is the
actual need. This situation could occur simultaneously with several
students. In driving situations with high-density urban traffic or
high-speed rural two-lane roads with much commercial vehicle traffic,
the potential for a crash could significantly increase.
A couple of commenters questioned the ability of school bus drivers
to ensure that student occupants use the seat belts. A commenter
questioned what a driver faced with a seat belt warning should do:
Would the driver be required to walk the aisle like an airplane flight
attendant inspecting the entire bus and requiring students to buckle
up? Would the driver be required to refuse to move the bus until all
belts are buckled? The commenter also questioned whether it is the
responsibility of the driver or the passenger to obey any applicable
state law (along with parental and school information and
encouragement) and ensure the belt is fastened. Another commented
similarly stated that the driver's ability to ensure seat belt use is
limited; the student passengers' failure to comply often comes after
repeated requests to do so from school bus drivers or aides. A few
commenters also had concerns about potential legal liability for
operators and drivers. A commenter stated that school districts would
need to determine if the failure of a warning system to properly
function would require that the seating position be rendered unusable,
and another commenter said that it was unclear if the presence of a
seat belt warning system would make the driver legally liable in a
crash for injuries to unbelted students. The commenter further wondered
whether the addition of such a system would force school systems to
hire bus monitors to supervise belt use, adding a significant cost to
state and local budgets. Along these lines, the commenter recommended a
hold-harmless provision in the regulations to cover school bus
operators for instances where a student passenger evades a seat belt
restraint system and sustains injuries.
Related to this, two commenters mentioned the possibility of
circumvention in school buses. One commenter noted the ability of
passengers to defeat the systems (either intentionally or
unintentionally); sophisticated sensor design would be required to warn
the driver of non-use in these cases. Another commenter said that an
occupant could buckle the belt behind him/her, thus turning off the
alarm without having complied with the purpose of the alarm.
A commenter stated that a seat belt warning on school buses would
lead to routing delays, due to additional time required at each stop to
ensure that students were belted. The commenter also noted the
potential effects of stopped buses (especially during rush hours).
Another commenter said that system malfunctions would result in a
school bus being removed from service and raised the possibility of a
malfunction occurring mid-trip, which
[[Page 61689]]
would present the operator the issue of whether to continue operating
the bus or not.
Agency Response
This proposal applies to all rear designated seating positions in
passenger cars and all rear designated seating positions certified to a
compliance option requiring a seat belt in trucks, buses, and MPVs with
a GVWR of 4,536 kg (10,000 lb) or less, except for school buses and law
enforcement vehicles. We propose to apply the proposed requirements to
these categories of vehicles because these vehicles are required to
have seat belts at all rear designated seating positions and (except
for some buses) a seat belt warning for the driver's seat.\100\ We note
that some types of trucks and MPVs (motor homes, walk-in van-type
trucks, vehicles designed to be sold exclusively to the U.S. Postal
Service, or vehicles between 8,500-10,000 lbs carrying a chassis-mount
camper) \101\ and over-the-road buses that are also prison buses \102\
are not required to have rear seat belts. The proposed applicability is
largely consistent with ECE R16, except that we are not proposing to
exempt special-purpose vehicle types such as ambulances because they
are typically customized after first sale.\103\
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\100\ Buses with GVWRs greater than 8,500 lb and less than or
equal to 10,000 lb are currently not required to have a driver's
seat belt warning. See FMVSS 208, S4.4.3.1. We propose to close this
loophole. See Section XI.B.
\101\ S4.2.7.1.
\102\ S4.4.3.3; S4.4.5.1.
\103\ See 49 U.S.C. 30112(b)(1) (a FMVSS does not apply to,
among other things, ``the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a motor vehicle
or motor vehicle equipment after the first purchase of the vehicle
or equipment in good faith other than for resale'').
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We believe it is particularly important to include vehicles with a
GVWR greater than 3,855 kg (8,500 lb), but less than or equal to 4,536
kg (10,000 lb)--including buses other than school buses--because this
includes high occupancy vehicles (e.g., large capacity passenger vans
and large sport utility vehicles [SUVs]).\104\ We also believe an
increasing number of large trucks and vans are used as personal
vehicles and are not solely used for work-related purposes. In
addition, multiple rear seats or rows make it more difficult for the
driver to ascertain rear seat belt use, so a warning could prove
especially useful in these vehicles. We also recognize that the intent
of the MAP-21 mandate is to improve protection for rear occupants;
given the proven benefits of seat belts, we tentatively believe the
warning should be broadly applied. We acknowledge that vehicles with a
larger number of rear seats may encounter visual signal complexities.
Accordingly, our intent is to propose performance requirements that
provide manufacturers with the flexibility to design a warning system
that is appropriate for each vehicle type. We chose to limit the
application of the passenger seating requirements to light-duty
vehicles (less than or equal to 10,000 lb). Several commenters were all
in agreement with excluding vehicles over 10,000 lb; it is consistent
with the petition and with the applicability of the current seat belt
warning system requirements.
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\104\ Fifteen-passenger vans are classified as buses under the
FMVSS because they are designed for carrying more than ten persons.
See 49 CFR 571.3 (``Bus means a motor vehicle with motive power,
except a trailer, designed for carrying more than 10 persons.'')
(italics in original).
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We have tentatively decided to exclude all school buses (including
those weighing under 10,000 lb [small school buses]) because of
practicability issues. First, the agency is concerned about the costs
to school systems, which could lead to reductions in school bus
service, resulting in greater risk to students. Second, we are
concerned about the burdens such systems might place on the driver. For
example, with a rear seat belt warning system without occupant
detection (the minimum compliance option that we are proposing in this
NPRM), the school bus driver would have to verify that all the
passengers are using their seat belts based on the system's visual
signal that identifies how many or which rear seat passengers are
belted. We tentatively agree with the commenters who argued that is not
practicable. This concern might be mitigated, in part, by a more robust
system utilizing occupant detection, but we do not believe that would
be practicable at this time.\105\ Third, school buses of all sizes
offer passengers compartmentalization protection to reduce the risk of
crash injury, even to the unbelted. Such protection is not offered in
other vehicles. Finally, we note various other concerns raised by the
commenters and summarized above, including the possibility of school
buses being out of service due to malfunctioning reminder systems, and
potential liability issues for school districts.
---------------------------------------------------------------------------
\105\ More discussion of occupant detection systems is provided
in Section XIV.B.
---------------------------------------------------------------------------
Law enforcement vehicles would also be exempt from the proposed
requirements because of concerns with practicability: the rear seats
are mainly used to transport passengers that are under arrest and
normally handcuffed, so if the policy of the police agency is that
prisoners be transported with their seat belts fastened then the
officer would be responsible for fastening the seat belt around the
prisoner(s) and thus would already be aware of the belt status of the
rear seat occupants. The term ``law enforcement vehicle'' is already
defined in FMVSS No. 208 to mean ``any vehicle manufactured primarily
for use by the United States or by a State or local government for
police or other law enforcement purposes.''
We seek comment on our proposed applicability requirements.
C. Requirements
This NPRM proposes a visual warning on vehicle start-up and an
audio-visual change-of-status warning if a belt is unbuckled during a
trip. We also propose a variety of requirements with respect to the
warning triggering conditions, duration, telltale, and electrical
connections, among other things.
1. Visual Warning on Vehicle Start-Up
This NPRM proposes a visual warning to alert and inform the driver,
upon vehicle start-up, to the status of the rear seat belts. We also
propose minimum performance requirements for several aspects of this
warning.
a. Compliance Options for the Type of Information Conveyed
The ANPRM sought comment on whether NHTSA should require a warning
at the start of the trip, whether such a warning should be visual-only
or audio-visual, and what type of information the visual warning should
convey. NHTSA identified three potential types of warnings. One would
require the system to indicate how many or which rear seat belts are in
use (a ``positive-only'' system). The second would require the system
to indicate, for the occupied rear seats, how many or which rear seat
belts are not in use (``negative-only''). The third requires the system
to indicate, for the occupied rear seats, how many or which rear seat
belts are in use and how many or which rear seat belts are not in use
(``full-status''). The second and third types of warnings identified
would require that the system be capable of determining which rear
seating positions are occupied (i.e., would require an occupant
detection system). NHTSA also sought comment on whether some or all of
the compliance options should require occupant detection.
ECE R16 requires a visual warning at the start of a trip, but not
an audible
[[Page 61690]]
signal.\106\ The visual warning must remain active until none of the
belts that triggered the warning are unfastened, the seat(s) which
triggered the warning are no longer occupied, or 60 seconds has
elapsed.\107\ The visual warning must ``indicate at least all rear
seating positions to allow the driver to identify, while facing forward
as seated on the driver seat, any seating position in which the safety-
belt is unfastened.'' \108\ Occupant detection is not required, but in
vehicles that do have occupant detection the warning does not need to
indicate unfastened belts for unoccupied seating positions.\109\ This
warning may be canceled by the driver.\110\
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\106\ Section 8.4.4.1; Section 8.4.2.3.1.
\107\ Section 8.4.2.3.1; Sec. 8.4.2.3.2.
\108\ Section 8.4.4.2.
\109\ Section 8.4.4.2.
\110\ Section 8.4.4.3.
---------------------------------------------------------------------------
Euro NCAP's rating protocol also requires a visual warning at the
start of a trip. The requirements are similar to ECE R16. Euro NCAP's
rating protocol does not require occupant detection but incentivizes
systems that use occupant detection by awarding additional points for
this feature. For systems without occupant detection, the visual signal
must show belts in use and not in use.\111\ For systems with occupant
detection, the visual signal does not need to indicate the number of
seat belts in use or not in use, but the signal must remain active as
long as the seat belts remain unfastened on any of the occupied seats
in the rear; \112\ no visual signal is required if no rear occupants
are detected.\113\ Systems with occupant detection must also provide a
30-second audible signal at the start of the trip before specified
speed or distance thresholds have been crossed.\114\ Alternatively, if
occupant detection is provided the manufacturer may use the same
warning strategy as specified for the front seats.\115\
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\111\ Section 3.4.3.1.4.
\112\ Section 3.4.3.1.3.
\113\ Section 3.4.3.1.1.
\114\ Section 3.4.3.2.3. The thresholds are (at the choice of
the OEM) either a forward speed of 25 km/h or forward motion for 500
m.
\115\ Section 3.4.3.2.3. For front seat belts, the assessment
protocol requires both a visual and an audible warning signal (see
Section 3.4.2). The visual signal must remain active until the seat
belt is fastened. The audible signal has two stages, an initial and
final audible signal, which have different onset criteria. The
initial audible signal must not exceed 30 seconds and the final
audible signal must be at least 90 seconds. To prevent unnecessary
signals, the system must also be capable of detecting whether the
front passenger seats are occupied.
---------------------------------------------------------------------------
Comments
Most commenters explicitly endorsed a warning on start-up, and none
opposed it, although the comments differed on whether it should have an
audible component. Two comments recommended harmonizing with the ECE
R16 requirement for a visual-only warning on start-up. A commenter
stated that NHTSA should provide flexibility in terms of the type of
information that is required to be communicated by the reminder system,
including positive-only, negative-only, and full-status systems, with
consideration for both occupant-detection and non-occupant-detection
centric approaches. Based on the definitions provided within the ANPRM,
the baseline standard for R16 could be met through a non-occupant
detection, positive-only system, but would not prohibit additional
technology features to provide additional functionality. Another
commenter agreed that positive-only, negative-only, and full-status
systems each could have strengths and limitations; the priority should
be that all of these variations effectively allow the driver to
identify which seats are unfastened (in the case without occupant
detection), or if any occupied seats are unfastened (with occupant
detection). The commenter noted that R16 does not establish such
definitions of systems, but rather specifies the base requirement that
the driver should be able to identify which seats are unfastened. The
comment stated that NHTSA should not set criteria too broadly, which
could restrict manufacturers to implementing a full-vehicle display,
even if occupant detection is applied, in which case a single seat belt
telltale indicator is sufficient.
Three commenters recommended a visual-only warning. A commenter
stated that a visual warning, such as a telltale, should exist as an
initial warning, and a combination of audible and visual warnings could
exist as a ``second-level'' warning. Another commenter stated that
visual displays are efficient at conveying information that is complex,
that deals with locations in space, or that does not require immediate
action. The comment stated that, while audio-visual warnings are more
effective than visual-only warnings, visual displays are less intrusive
and perceived as less annoying than audible warnings, so that a visual-
only warning would minimize the impact of false warnings that could
negatively impact consumer acceptance. The commenter also stated that,
while visual displays alone have not been found to be effective for
motivating occupants to use a seat belt, the driver may use this
information to encourage unbuckled rear occupants to use a seat belt.
Several commenters favored requiring an audio-visual warning at the
start of the trip. Four commenters supported the specification of the
most effective warnings and noted that audio-visual warnings are more
effective than visible warnings alone. Two commenters stated that a
visual-only warning would be easily missed by a driver who is focused
on driving safely.
Three commenters recommended requiring a ``negative'' warning with
occupant detection. A commenter said that such systems would reduce
false signals and annoyance. Another commenter similarly supported a
warning on startup and commented that while a positive-only warning
icon at the start of a ride would be helpful, it would not be as
valuable as a warning triggered by negative-only status as a way to
change the behavior of those occupants who are lax or reluctant to
buckle up.
Agency Response
This rule proposes to require a visual warning (without an audible
component) upon vehicle start-up. NHTSA decided to propose the three
compliance options identified in the ANPRM for the type of information
the warning must convey. Each proposed system has strengths and
limitations. The positive-only system would be the least technically
complex of the three proposed options. Since it would only need to
detect whether a seat belt is in use, it would only require a seat belt
latch sensor. With a positive-only system, the driver would need to
determine how many rear seat occupants there are and then determine if
that number equals the number of seat belts that are reported by the
warning system as buckled. This compliance option would not necessitate
occupant detection; we tentatively believe that there are still design
and technological challenges associated with implementing occupant
detection technology in rear seats (this is discussed in more detail in
Section XIII, Regulatory Alternatives).
The negative-only and full-status systems would provide the driver
with more information, and thus might be more effective than the
positive-only system for at least two reasons. First, they would
directly inform the driver whether any rear seat occupants were
unbuckled, without the driver having to compare the number or location
of occupants and fastened belts. Second, as discussed in more detail
below, warning systems equipped with occupant
[[Page 61691]]
detection are more amenable to audible warnings and enhanced warning
features. However, we tentatively believe that systems such as these
that provide a negative warning--that is, a warning for an unfastened
belt--are only appropriate for systems utilizing occupant detection.
This is because we tentatively believe that it is not appropriate to
provide a warning for an unfastened seat belt at an unoccupied seat
because such ``false positives'' could be a nuisance for the driver and
might either desensitize the driver to the warning signal or lead them
to circumvent or defeat the system--especially since the majority of
trips do not have rear seat occupants. The proposal would therefore
permit a warning for an unfastened belt only if the seating position
were equipped with occupant detection. Accordingly, it would not, for
example, permit a system without occupant detection that displayed the
status of all the rear seat belts to be certified as a positive-only
system coupled with a voluntary warning for unfastened seat belts.
With respect to comments in favor of requiring audio-visual
warnings, we agree that warnings with an audible component are
generally more effective. However, requiring an audio-visual warning
would necessitate requiring occupant detection because the resulting
``false positives''--having an audible warning activate for an
unfastened belt at an unoccupied seat--would annoy the driver and could
decrease the effectiveness of the warning. Thus, this NPRM does not
require an audible warning on startup. However, manufacturers would be
free to provide an audible warning on startup if they so choose,
especially if the vehicle is equipped with occupant detection in the
rear. This approach harmonizes with R16 and Euro NCAP.
We acknowledge that there are systems currently deployed in both
the United States and Europe that would not comply with the proposed
compliance options. In particular, manufacturers appear to be deploying
systems without occupant detection that provide a warning for an
unfastened belt. When the ANPRM was published, the rear seat belt
warning systems in vehicles sold in the United States used what would
be classified in this proposal as a positive-only warning system. Our
current, preliminary review, however, indicates that manufacturers are
now providing visual warnings that indicate unfastened seat belts, and
not necessarily with occupant detection. For example, the visual
warning displays on some MY2022 Honda and Porsche vehicles appear to
indicate the status of all the rear seat belts, but the owner's manual
does not indicate that the vehicle is equipped with occupant detection
in the rear seats. This information is consistent with Honda's comment
that the compliance options should allow the driver to identify which
seats are unfastened (in the case without occupant detection).
Similarly, it appears that, as suggested in the comments, European
vehicle manufacturers are deploying systems that indicate seat belts
that are fastened, seat belts that are not fastened, or the status of
all rear seat belts, both with and--importantly--without occupant
detection.\116\ For example, the MY 2021 Peugeot 3008 appears to have a
system that indicates the status of all the rear seat belts but does
not indicate in its owner's manual that it has occupant detection in
the rear seats. Both ECE R16 and Euro NCAP appear to permit a broad
range of systems, including those providing warnings for unfastened
belts at unoccupied seats. R16 requires that the visual warning
``indicate at least all rear seating positions to allow the driver to
identify, while facing forward as seated on the driver seat, any
seating position in which the safety-belt is unfastened.'' Euro NCAP
similarly requires systems without occupant detection to provide a
visual warning showing both the belts in use and not in use.
Nevertheless, we tentatively believe that the proposed deviation from
R16 and some current United States and European systems is warranted
because we tentatively believe it is not appropriate to provide a
warning for an unfastened belt at an unoccupied seat.
---------------------------------------------------------------------------
\116\ Approximately 70% of Euro NCAP-tested vehicles had
occupant detection in the rear seats.
---------------------------------------------------------------------------
Although the three proposed compliance options are not identical to
the R16 and Euro NCAP requirements, we believe that a system that
complies with the proposed requirements could also comply with R16 and
Euro NCAP. With respect to R16, each of the three proposed compliance
options would ``allow the driver to identify, while facing forward as
seated on the driver seat, any seating position in which the safety-
belt is unfastened.'' While the reference to an ``unfastened'' belt
might be read to preclude a positive-only system--that is, it might be
read to mean that the system must explicitly inform the driver of an
unfastened belt, such as would be the case in the systems we are
calling ``negative-only'' or ``full-status''--after reviewing the types
of systems available in the European market we believe this is not the
case. Similarly, the negative-only and full-status compliance options
appear consistent with Euro NCAP because they would provide a warning
for an unfastened seat belt at an occupied seat.\117\ However, the
positive-only compliance option does not appear to be consistent with
Euro NCAP because Euro NCAP requires that systems without occupant
detection show the rear seat belts in use and not in use, and the
positive-only compliance option would not permit a visual signal for an
unfastened seat belt.\118\
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\117\ Section 3.4.3.1.3.
\118\ See Euro NCAP section 3.4.3.1.4.
---------------------------------------------------------------------------
NHTSA seeks comment on all of these issues. While we have
tentatively concluded that the proposed compliance options would help
mitigate false warnings and the possibly attendant consumer acceptance
issues, we are considering altering the proposed compliance options to
accommodate systems that are currently being deployed, or that
manufacturers may wish to deploy in the future. For example, we are
considering allowing visual warnings that indicate which seat belts are
unfastened without occupant detection. We therefore seek comment on
what visual warnings vehicle manufacturers are using in the United
States and Europe and whether they employ occupant detection. We also
seek comment on why vehicle manufacturers have decided to use visual
warnings that indicate unfastened seat belts without the use of
occupant detection and whether they have received complaints from
consumers about false warnings, or requests to deactivate the system.
Is there any consumer acceptance data to support or oppose allowing
visual warnings that indicate unfastened seat belts without the use of
occupant detection in the rear seats? We also seek comment on whether
there are any other aspects of the proposed compliance options with
which current or anticipated future systems would not comply. Is there
a preferable set of options that is sufficiently objective to satisfy
the Safety Act? NHTSA also seeks comment on how manufacturers interpret
the R16 requirements, to the extent that the agency's characterization
of them is contrary to industry understanding or practice. NHTSA also
seeks comment on whether the proposed regulatory text is sufficiently
objective and unambiguous.
b. Triggering Conditions
In the ANPRM we indicated that requiring the warning at the
beginning of each journey or trip the vehicle makes is intuitively
appealing because it
[[Page 61692]]
would help assure that occupants are safely restrained prior to any
potential vehicle crash. However, we sought comment on the possible
advantages of delaying the warning to a time when the driver or
occupants are less distracted and therefore might pay more attention to
the warning.
R16 requires that the visual warning activate when a belt is not
fastened and the ignition or master control switch activated.\119\ Euro
NCAP similarly requires that the warning start at the commencement of a
journey when the ignition switch is engaged (whether or not the engine
is running) and any of the rear belts are not fastened.\120\ However,
Euro NCAP allows for short breaks in the journey (up to 30 seconds) to
account for events such as engine stalling where the reminder is not
required to start again.\121\ For both R16 and Euro NCAP, for vehicles
that have occupant detection in the rear seats, the visual warning does
not need to indicate unfastened seat belts for unoccupied seating
positions.\122\
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\119\ Section 8.4.2.3.1.
\120\ Section 3.4.1; Section 3.4.3.1.1.
\121\ Section 3.4.1.
\122\ Section 8.4.4.2 (R16; section 3.4.3.1.1 (Euro NCAP).
---------------------------------------------------------------------------
Comments
Many ANPRM commenters either specifically recommended harmonizing
with R16 or recommended triggers that harmonized with R16. Three
commenters specifically recommended harmonizing with R16. Many other
commenters recommended that the trigger be based on the ignition
switch. One commenter explained that this would provide flexibility for
novel approaches for classifying vehicle motion. A few commenters
stated that it was necessary for the warning to activate before the
vehicle was in motion; for example, it was noted that vehicle crashes
can happen quickly (e.g., backing out of a parking spot), so vehicle
occupants should be buckled up anytime the vehicle is in motion. A
commenter also stated that delaying the warning until the vehicle is in
drive mode could leave drivers unable to ensure all passenger belts are
fastened. Delaying the warning might warrant additional study, but if
the study suggests changing the warning timing, it should do so for all
vehicle occupants. A commenter stated that any triggering condition
other than initiation at the beginning of a trip when the ignition
switch is moved to the ``on'' or ``start'' position would necessitate
occupant detection.
However, a few commenters suggested alternative approaches. One
commenter recommended against requiring a warning before a driver
shifts a vehicle into drive because a transmission-less electric
vehicle can quickly shift to drive. Requiring the warning before the
vehicle is shifted to drive would potentially amount to a seat belt
drive interlock and potentially delay shifting into drive. The
commenter believed this is unnecessary, could result in driver
frustrations that diminish acceptance, and lead to hasty detection that
increases the potential for error. Another commenter stated that the
warning would be most effective if it were triggered when the seat is
occupied, the belt is unfastened, and the vehicle's power is on. Yet
another commenter stated that the triggering condition should be
vehicle unlocking and for a period following relocking. Finally a
commenter stated that the warning should be deactivated or disallowed
if all occupants are properly buckled.
Agency Response
NHTSA proposes that the warning begin when the vehicle's ignition
switch is moved to the ``on'' or ``start'' position. This same
condition appears in the existing driver seat belt warning requirements
and is similar to ECE R16 and Euro NCAP. We are not proposing to follow
R16 and refer to a ``master control switch'' because we do not believe
it is necessary to introduce this new term into FMVSS No. 208 for the
proposed amendments to the standard. Also similar to those protocols,
if the system has occupant detection, no warning is required for
unoccupied seats under the full-status and negative-only compliance
options. As a commenter suggests, this would likely lead to more
effective warnings because it mitigates false warnings and eases the
burden on the driver to reconcile what the warning depicts with the
actual status of the rear seat passengers. We believe basing the
trigger on the ignition switch is preferable to delaying the warning
until the vehicle is placed in gear because the proposed requirement
would make it more likely that the occupants fasten their belts before
the vehicle is in motion.\123\
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\123\ See DOT 2009 Seat Belt Study at 65.
---------------------------------------------------------------------------
With respect to the commenter on transmission-less electric
vehicles quickly shifting to drive, the warning is triggered by the
ignition, not the transmission gear position and would not impede the
driver from shifting to drive. NHTSA also disagrees with the commenter
that the system would be triggered by the vehicle being unlocked. This
could require a warning before any occupants had entered the vehicle,
and thus would likely not serve its purpose of warning the driver and
occupants given the limited duration of the warning. Such a requirement
would also not harmonize with the existing driver belt warning system
and the ECE R16 and Euro NCAP requirements.
For the negative-only system, we propose to require a visual
warning indicating which occupied seats have an unfastened seat belt
for the required duration or until the belts at all occupied rear
seating positions are in use. Therefore, like the R16 requirement, if
all occupied seats have fastened seat belts no visual warning would be
required.
c. Seat Occupancy Criteria and Interaction With Child Restraint Systems
The negative-only and full-status compliance options would require
the warning system to determine whether a seat position is occupied.
Because the existing seat belt warning requirements in FMVSS No. 208,
S7.3 apply only to the driver seat, they do not contemplate an occupant
detection system (because driver seat occupancy could traditionally be
assumed).
There are three main detection scenarios an occupant detection
system would be exposed to in the rear seats: adults, teenagers, and
older children of various heights and weights; children seated in a
child restraint system (CRS); and objects such as packages, pets, or
unoccupied CRSs. This section will discuss how the occupant detection
capability for negative-only and full-status systems should perform for
these different scenarios and our proposed weight and height criteria
for compliance testing of rear seat belt warning systems certified to
either the negative-only or full-status compliance options.
The ANPRM identified a need to objectively specify when a seat is
occupied for the purposes of testing negative-only and full-status rear
seat belt warning systems for compliance. The ANPRM requested comment
on several options for seat occupancy criteria based on those specified
in FMVSS No. 208 for compliance testing of low-risk deployment and
suppression air bag systems in the presence of children or small-
stature adults. These fall into three main categories. First, FMVSS No.
208 specifies 1-, 3-, and 6-year-old child anthropomorphic test devices
(test dummies) (weighing, respectively, 22 lb [10 kg], 36 lb [16.3 kg],
and 52 lb [23.6 kg]). Second, it
[[Page 61693]]
specifies a 5th percentile female test dummy (weighing 108 lb [50 kg]).
Third, it specifies height and weight requirements for a child used as
an alternative for the 6-year-old child test dummy for compliance
testing of advanced air bag systems utilizing static suppression
(weighing between 46.5 lb and 56.5 lb [21 kg and 25.6 kg] and between
45 in and 49 in [114 cm and 124.5 cm] tall).\124\
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\124\ FMVSS No. 208 S29.1(e).
---------------------------------------------------------------------------
ECE R16 specifies three alternative methods for testing rear seats
with occupant detection: placing a load of 40 kg (88 lb) on the seat;
placing an object or human representing a 5th percentile adult female
(the HIII-5F specified in 49 CFR part 572, as adjusted for the ECE
test); or an alternative method specified by the vehicle
manufacturer.\125\ Euro NCAP defines occupancy as the use by an
occupant larger, taller, or heavier than a 5th percentile female.\126\
---------------------------------------------------------------------------
\125\ Annex 18.
\126\ Section 3.4.1.3.
---------------------------------------------------------------------------
The ANPRM also sought comment on whether a rear seat belt warning
would reliably detect a child restraint system attached by a child
restraint anchorage system, or LATCH. The intent of this question was
to determine whether a seat belt warning system might register a false
alarm for a LATCH-installed CRS. Neither R16 nor Euro NCAP have
requirements with respect to the system's interaction with LATCH-
installed CRSs.
Comments
We received a number of comments related to seat occupancy criteria
and the detection capabilities the system should have.
With respect to seat occupancy criteria, several commenters
supported harmonizing with ECE R16 and/or basing the criteria on a 5th
female dummy (88 lb-105 lb). Several commenters suggested harmonizing
with the ECE R16 criteria. A commenter stated that the occupant size
that the system is required to detect should not be less than the
occupant size that would use the seat belt as the only restraint.
Another commenter stated that for children seated in booster seats or
high-back boosters (with belt positioning guides), the CRS often
directly utilizes the belt provided in the vehicle. In these cases, a
rear belt reminder system may be useful for reminding the driver to
ensure the child seated in that seating position is either restrained
or providing an alert that the restraint status has changed during a
trip (i.e., belt became unbuckled). A commenter recommended specifying
the 5th percent female detection criteria for several reasons: starting
with the 5th female would cover a large share of the target population;
belt usage is high for children as long as they are in a CRS (so a
warning system appears less needed); the 5th percent female includes a
large share of the teenage population; it would harmonize with FMVSS
No. 208 and international NCAP programs; and it would result in more
robust systems with respect to false positives.
On the other hand, various commenters recommended that the
occupancy criteria be based on children that might reasonably be
expected to use seat belts. Two commenters suggested that the occupancy
criteria be based on the smallest weight of a child that can reasonably
be expected to be restrained by a seat belt rather than a CRS. One of
the commenters stated that a weight of 20 lb (9 kg) is consistent with
all state laws for CRS use. Another commenter stated that the criteria
should reflect a minimum weight equal to that of a Hybrid III 6-year
old child (about 52 lb). However, as noted below, commenters believed
that using weight alone was not enough. A commenter did not agree with
criteria based on a 6-year-old, and instead suggested the HIII 3-year-
old dummy (36 pounds, or 16 kg) as the minimum weight threshold,
stating that this dummy's weight roughly represents the 95th percentile
2-year-old and the 5th percentile 5-year-old. The commenter stated a 6-
year-old was not appropriate as nearly 60% of 4- and 5-year-old
children do not ride in a CRS with a harness, so many of the most
vulnerable seat belt users (very young children using the belt alone or
in conjunction with a booster) would fail to trigger the alarm if
unbuckled. A commenter stated that the specifications should represent
the occupant population at risk from non-use of rear seat belts, and
stated that NHTSA's 2017 passenger vehicle fatality data indicates that
restraint non-use exceeds the national average (47%) in the population
of occupants starting at age 8-12; the unrestrained percentage for
younger occupants is 36% for 4-7-year-olds and 22% for occupants less
than 4 years old. A commenter suggested that the criteria should
register children that would presumably be placed in a child restraint
system (i.e., children as young as 4 years old). Another commenter
recommended that NHTSA's testing reflect the full range of body types
as well as child restraint systems that could be present in rear seats.
We also received a variety of comments about the detection
capabilities the system should have. Several commenters argued that the
system should be required to detect CRSs. Three commenters supported
requiring LATCH detection. Two of those commenters stated that the
reminder system should be able to recognize when a car safety seat is
installed with LATCH instead of the seat belt and should not activate
under those conditions in order to avoid nuisance (false) warnings. A
commenter said that when a CRS is installed using the lower anchors of
the LATCH system, the seat belt is typically not in use, so a non-
discerning sensor would conclude that an unbuckled occupant is present
(because a CRS is heavy enough to be classified as an occupant by an
occupant detection system).\127\ A commenter recommended that the
occupant detection system provide a warning if the CRS is improperly
latched.
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\127\ Safe Ride News also appeared to suggest that in
conjunction or in the alternative, the system should be able to be
deactivated or allow the driver to dismiss (acknowledge) the
warning. NHTSA's tentative conclusion to not adopt these approaches
is explained in Section X.E, Resistance to intentional and
inadvertent defeat and deactivation.
---------------------------------------------------------------------------
On the other hand, several commenters believed that the system
should not be required to detect a CRS. Three commenters stated that
the system should not be required to detect a CRS, with two of the
commenters noting variation in CRS designs and the fact that neither
ECE R16 nor Euro NCAP require CRS detection capabilities. These three
commenters opposed requiring LATCH detection because it would provide
little benefit with significant added costs. One of the commenters
added that LATCH systems are not typically latched/unlatched
frequently, so it is far more uncommon to be in the unlatched state.
Additionally, as only the latch could potentially be detected, and yet
the remaining parts of the child restraint are unmonitored, it may give
a false assurance to the user that the child is fully restrained. Two
of the commenters said that if this were required, the system would
need to distinguish different types of CRS available in the market,
which would be difficult to implement. A commenter that opposed
requiring occupant detection on buses, commented that buses with LATCH
seats would require a detection system capable of differentiating
whether an occupant is unbuckled or secured using the LATCH
attachments; whether an occupant is unbuckled or secured using the
securement harness provided with the seat; and between removed seats
and those with incorrect electrical connections. Another commenter
stated that CRSs pose a challenge to occupant
[[Page 61694]]
detection systems, which would need to account for all of the different
uses of the rear seat; a false-positive warning on a child properly
restrained using the LATCH system (who would not be buckled in with the
seat belt) could discourage the consumer from using LATCH.
Finally, some commenters advocated requiring more sophisticated
detection capabilities in order to limit false positives. Two of these
commenters suggested that the system should be able to discern the
difference between an occupant and objects such as packages. Another
commenter said that NHTSA should also limit false activations when
seats are occupied by child seats or other items. A commenter stated
that NHTSA should allow for a child seat mode that suppresses the
warning.
Agency Response
As an initial matter, it is important to understand the different
types of CRSs, how seat belts are used with them, and the size/age of
the children for which each type of CRS is typically appropriate.\128\
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\128\ All 50 states, the District of Columbia, and all United
States territories have laws requiring children to be secured in the
appropriate car seats or booster seats for their ages and sizes
while riding in vehicles. Most states now require children to ride
in appropriate car seats or booster seats until as old as age eight
(Alaska covers children up to 15 years old as long as they fall
within their specified height and weight criteria).
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There are essentially three types of CRSs: rear-facing CRSs,
forward-facing CRSs, and booster seats.\129\ Rear-facing and forward-
facing CRSs are child seats that are installed using either LATCH \130\
or a seat belt to secure it in place.\131\ Booster seats raise and
position a child so the vehicle's lap-and-shoulder belt fits properly.
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\129\ Within these types are CRS designs that can be used for
multiple purposes, such as convertible CRSs that can be used as a
rear-facing and forward-facing CRS and combination CRSs that can be
used as a forward-facing CRS and booster seat.
\130\ Many in the child passenger safety community refer to the
child restraint anchorage system as the ``LATCH'' system, an
abbreviation of the phrase ``Lower Anchors and Tethers for
Children.'' The term was developed by a group of manufacturers and
retailers for use in educating consumers on the availability and use
of the anchorage system and for marketing purposes.
\131\ Some boosters can also be secured to the seat with LATCH
so that it stays in place when in use and not in use.
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NHTSA recommends that children remain in a rear-facing CRS until
they reach the top height or weight limit allowed by the CRS
manufacturer.\132\ NHTSA also recommends that children remain in a
forward-facing car seat with a harness and tether until they reach the
top height or weight limit allowed by the car seat's manufacturer. Most
forward-facing CRS are rated for children up to 49 in (124 cm) and 65
lb (29 kg).\133\ Once a child outgrows the forward-facing car seat with
a harness, the child can travel in a booster seat and use a seat belt.
NHTSA identifies an age range of 4-7 years old for when this transition
to a booster typically occurs, depending on the height and weight of
the child and the respective limits of their forward-facing car seat.
Once a child outgrows the booster seat they can sit directly in the
seat and use the seat belt alone; NHTSA identifies an age range of
eight to thirteen and older for when this typically occurs.
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\132\ For the NHTSA recommendations discussed here, see https://www.nhtsa.gov/equipment/car-seats-and-booster-seats (last accessed
Apr. 7, 2022).
\133\ See https://www.healthychildren.org/English/safety-prevention/on-the-go/Pages/Car-Safety-Seats-Product-Listing.aspx.
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In the remainder of this section we discuss, first, the proposed
weight and height criteria NHTSA proposes to use in compliance testing
of rear seat belt warning systems certified to the negative-only or
full-status compliance options and, second, what ability (if any) such
systems should have to detect a CRS.
Weight and Height Criteria
NHTSA believes the rear seat belt warning system should be able to
detect an occupant that should be restrained with a seat belt alone and
provide seat belt use information to the driver that is appropriate for
that type of system. This target population is comprised of adults,
teenagers, and children in booster seats. Children in booster seats are
part of the target population because they should be restrained with
the seat belt and so would benefit from a seat belt reminder. As
mentioned above, the transition to a booster seat typically occurs from
ages 4-7 years. Children in rear-facing and forward-facing CRSs are not
part of the target population because these children are restrained by
the CRS harness, not the seat belt. The intent of the reminder is not
to warn of CRS misuse, but to warn of occupants not restrained by a
belt alone.
Accordingly, we are proposing that a rear designated seating
position would be considered ``occupied'' when an occupant who weighs
at least 46.5 lb (21 kg), and is at least 45 in (114 cm) tall, is
seated there. These criteria are proxies for a six-year-old child,
which roughly corresponds to a typical age at which a child would
transition from a forward-facing CRS to a booster seat. We have taken
these criteria from FMVSS No. 208, which uses them to specify the
smallest child that may be used as an alternative to the 6-year-old
dummy in static suppression tests under FMVSS No. 208. The proposed
test does not specify the use of a booster seat because we are aware
that children can be prematurely transitioned to a seat belt without
the use of a booster,\134\ and we believe it is desirable to test the
lower end of the possible weight range that encompasses children that
could conceivably be restrained with a seat belt alone. As we explain
below in Section XII.B, Test Procedures, the agency proposes using
either a person or any anthropomorphic test device specified in part
572 that meets these proposed weight and height criteria.\135\
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\134\ About 16.6 percent of children 4 to 7 years old were
prematurely transitioned to seat belts in the ``2019 National Survey
of the Use of Booster Seats'' (DOT HS 813 033).
\135\ For anthropomorphic test devices, this would include the
50th percentile male, 5th percentile female, and the 6-year-old and
10-year-old child dummies.
---------------------------------------------------------------------------
These criteria specify a smaller occupant than does R16. We
tentatively believe that harmonizing with R16 and using a heavier dummy
would not capture the child segment of the population that is in
booster seats; that is, seat belt use may occur for occupants smaller
than the criteria specified by R16. We also do not believe it is
necessary to use a larger-size occupant because a system capable of
recognizing a six-year-old should also be capable of recognizing larger
occupants.
At the same time, we tentatively believe that the proposed criteria
are preferable to criteria reflecting a younger occupant (lower
weight). The smallest dummy that would meet the proposed weight and
height criteria is the 6-year-old dummy specified in part 572. The next
smallest dummy represents a 3-year-old child (i.e., the Hybrid III
three-year-old), but we believe it would not be appropriate to specify
the use of the 3-year-old because a child represented by this ATD
should be seated in a forward- or rear-facing CRS, not a booster seat.
Ability of the System To Detect a CRS
NHTSA also does not propose to require any sort of CRS detection
capabilities at this time.
We tentatively believe that a forward- or rear-facing CRS installed
with the seat belt would not cause problematic false warnings; rather
it would just register the CRS as a buckled passenger.
Similarly, we believe that a forward- or rear-facing CRS installed
with LATCH would not pose issues necessitating any specific
requirements related to the LATCH system, such as LATCH sensors. There
are a few reasons for this. First, we do not believe
[[Page 61695]]
LATCH-installed CRSs would lead to false warnings or driver confusion
about the belt status of any rear occupants, because NHTSA recommends
buckling unused seat belts that are within reach of children to prevent
seat belt entanglement and/or strangulation.\136\ This includes, for
forward- or rear-facing CRSs installed with LATCH, buckling the unused
belt behind the CRS. (Fastening the unused seat belt behind the CRS
when installing a CRS with LATCH should not be mistaken for installing
a CRS with both the seat belt and LATCH; a CRS installed with LATCH is
not also installed with the seat belt unless it is approved by both the
car seat and vehicle manufacturers.) If users follow NHTSA's
recommendation and buckle the belt behind the CRS, the positive-only
system would simply consider those belts to be fastened, and the
negative- and full-status systems would not register a false warning.
If the belt is not buckled as NHTSA recommends, with a positive-only
system, the driver would simply see that there were no buckled belts,
so there would be no false warnings. For the negative-only and full-
status systems (which utilize occupant detection), the system could
register the child in the CRS as an occupant depending on the weight of
the child and CRS. We are aware of at least one vehicle manufacturer
that uses occupant detection for its rear seat belt warnings and it
recommends fastening the unused seat belt if the CRS is installed with
LATCH to avoid such a false warning. (In the owner's manual section of
this preamble we seek comment on including such guidance in the owner's
manual, which includes information provided by the vehicle manufacturer
to the consumer, whether in digital or printed form.) Again, if the
belt is not buckled as NHTSA recommends, the driver would need to take
these facts into account when comparing the number of rear seat
occupants against how many or which rear seat belts are reported to be
in use by the warning system. Second, we are not proposing to require a
warning for CRSs improperly attached to the LATCH because the focus of
this rulemaking is on providing a seat belt warning, not on providing
warnings for improperly installed LATCH child seats. Third, this
approach is consistent with ECE R16 and Euro NCAP, neither of which
have provisions for addressing LATCH-installed child restraints.
Finally, requiring LATCH sensors would add extra complexity and cost.
---------------------------------------------------------------------------
\136\ https://www.nhtsa.gov/road-safety/child-safety.
---------------------------------------------------------------------------
We also do not believe a booster seat would present any special
challenges to a seat belt warning system. If an (un)belted child is in
a booster seat, the system would register the belt as not (un)fastened
and (if equipped with occupant detection) that the seat was occupied.
This would not necessitate the system to specifically detect the
booster seat because the performance criteria are weight-based. In
addition, we would not expect an occupant detection system to provide a
false warning for an unoccupied booster seat because the proposed seat
occupancy criteria (roughly equivalent to a 6-year-old) is heavier than
an unoccupied booster seat.
We are also not proposing to require more sophisticated features to
test how well the system avoids false positives--e.g., the ability of
the system to distinguish packages or pets from occupants or a child
seat mode. A detection system that can differentiate between cargo and
occupants would require additional sensor technology in comparison to a
weight-based sensor and would be more costly. This issue can be
mitigated by moving the cargo to the floor or trunk of the vehicle or
by buckling the unused belt and would not be an issue for the positive-
only compliance option. Tesla's ``child seat mode'' allows the driver
to acknowledge the warning triggered by a CRS installed with LATCH for
that trip. With respect to Tesla's comment regarding a child seat mode,
neither ECE R16 nor Euro NCAP contemplate this and we are not aware of
other manufacturers that have employed this feature. Given that a child
seat mode feature could be used to circumvent the warning (i.e., a belt
use warning could be prevented or dismissed by use of the child seat
mode), and the limited information NHTSA has on it, we have tentatively
decided not to permit this feature.
We seek comment on all these issues.
d. Minimum Duration
The ANPRM also sought comment on the minimum duration of the
warning. NHTSA's front seat belt warning research suggests that longer-
duration warnings are more effective, but also more annoying.\137\ The
current driver's seat belt visual warning in FMVSS No. 208 is required
to last at least 60 seconds under the second compliance option in FMVSS
No. 208, S7.3(a)(2). Both R16 and Euro NCAP specify a 60-second visual
warning (which may end sooner if the belt is fastened or the seat
becomes unoccupied).
---------------------------------------------------------------------------
\137\ DOT 2009 Belt Warning Study, supra n. 36.
---------------------------------------------------------------------------
Comments
Many commenters recommended harmonizing with R16 and adopting 60
seconds.\138\
---------------------------------------------------------------------------
\138\ Global suggested not adopting the Euro NCAP duration
requirement (90 seconds) because the warning must balance
effectiveness and consumer acceptance, but NHTSA understands the
Euro NCAP minimum duration to be 60 seconds.
---------------------------------------------------------------------------
A few commenters advocated a longer warning. Two commenters
recommended the warning should last until all occupants are buckled.
One commenter said that systems with long single-cycle durations and
those that cycle audible/visual reminders throughout the entirety of
the drive are more effective than systems that cycle for a limited
number of times.\139\
---------------------------------------------------------------------------
\139\ NSC cited an IIHS study finding that an indefinite
reminder and a 100 second constant reminder increased seat belt use
by 30-34 percent over an intermittent reminder.
---------------------------------------------------------------------------
Another commenter said that the visual warning duration should be
based on evidence of effectiveness while maintaining a balance with
annoyance.
Agency Response
NHTSA is proposing that the warning last for at least 60 seconds.
We believe that 60 seconds is sufficient to capture the driver's
attention, and that a longer warning would have the potential to become
distracting or a nuisance.\140\ This would be a shorter warning than we
are proposing for the front outboard seats (see Section XI.C). There
are a couple of reasons for our tentative decision that a shorter
warning is warranted for the rear seats. First, we are not proposing to
require occupant detection for the rear seat belt warning system; the
positive-only compliance option would require that the driver be
informed of which rear seat belts are fastened. This type of
``warning'' functions more to provide information to the driver, rather
than a true warning (because it will be providing information to the
driver even if all rear occupants have fastened their seat belts), so
we tentatively think that it is not necessary to require that this be
particularly long-lasting. Second, and related, even for the compliance
options that would entail occupant detection, the complexities of
occupant detection in the rear seats and the possibilities for false
positives provide another reason for not requiring an extremely long-
lasting warning. Manufacturers would be free to provide a longer
warning if they wished. The proposed compliance
[[Page 61696]]
options requiring occupant detection would not require a warning for
occupants with fastened belts.
---------------------------------------------------------------------------
\140\ We are also proposing that these visual displays should
not be overridden by other visual warnings for the required
duration.
---------------------------------------------------------------------------
This is consistent with ECE R16 and Euro NCAP and with systems
currently deployed in the United States. Our preliminary analysis found
that, of the 15 manufacturers that provide vehicle models with a rear
seat belt warning system in the United States, 8 appear to provide
systems with initial visual warnings that are active for at least 60
seconds. An additional three manufacturers appear to provide visual
warnings until the seat belt is fastened.
2. Audio-Visual Change-of-Status Warning
The ANPRM sought comment on requiring a change-of-status warning
for when a fastened seat belt is unfastened, including an audio-visual
change-of-status warning. We also sought comment with respect to
potential requirements for an audible warning, including the duration
of the warning and whether NHTSA should specify additional warning
characteristics (such as sound level).
R16 specifies an audio-visual change-of-status warning for the rear
seats. If a fastened rear belt becomes unfastened when the vehicle is
in ``normal operation,'' \141\ R16 specifies an audio-visual warning
(second level) when certain distance, time and/or speed threshold(s)
(at the choice of the manufacturer) are exceeded.\142\ The additional
thresholds are distance traveled (not to exceed 500 meters), vehicle
speed (not to exceed 25 km/h, and/or travel time (not to exceed 60
sec). This warning must last for at least 30 seconds unless the
unfastened belt becomes fastened, the seat associated with the
unfastened belt is no longer occupied, or the vehicle is no longer in
normal operation.\143\ This warning may not be canceled by the driver.
---------------------------------------------------------------------------
\141\ Defined as forward motion at a speed greater than 10 km/h.
Sec. 2.47.
\142\ Section 8.4.4.5.
\143\ These summaries simplify the requirements somewhat. They
will be discussed in greater detail later in the preamble where
relevant.
---------------------------------------------------------------------------
Euro NCAP also requires (in order to earn bonus points) an audio-
visual change-of-status warning at vehicle speeds of 25 km/h and
above.\144\ If the change-of-status occurs below 25 km/h and no doors
are opened, the signal may be delayed until the vehicle has been in
forward motion for 500 meters or has reached a forward speed of 25 km/
h.\145\ A warning is not required if the system has occupant detection
as long as all doors remain closed and the number of buckled positions
remains the same, in order to minimize the number of false positives
(e.g., children remaining in the vehicle but swapping seats in the rear
while at a traffic light).\146\ The warning duration differs for the
visual and audible warnings. With respect to the visual warning, if the
system does not have occupant detection, the warning must last until
the seat belt is fastened or 60 seconds have elapsed.\147\ If the
system does have occupant detection, the signal must remain on until
the belt is fastened. The audible warning must last until the belt is
fastened,\148\ 30 seconds have elapsed,\149\ or the vehicle speed falls
below 10 km/h.\150\
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\144\ Section 3.4.1.5.
\145\ Section 3.4.1.5.
\146\ Section 3.4.1.5.
\147\ Section 3.4.3.1.1.
\148\ Section 3.4.1.6.
\149\ Section 3.4.3.2.
\150\ Section 3.4.1.6. The audio signal must resume when the
speed goes above 25 km/h and no doors have been opened and the seat
belt(s) remain unbuckled. In addition, the audible signal may
instead meet the requirements for the front seating positions, if
the vehicle is equipped with occupant detection.
---------------------------------------------------------------------------
Comments
Many commenters specifically supported requiring an audio-visual
change-of-status warning. One commenter cited a survey of adult
passengers who do not routinely use a seat belt in the rear in which
62% of respondents said they would be more likely to use a seat belt if
there was an audible warning compared with only 50% who said the same
about a visual warning.
With respect to the triggers for the warning, two commenters stated
that a change-of-status warning should activate regardless of the
speed.
Several comments also discussed the duration of an audible alert.
Several commenters recommended harmonizing with the 30 seconds required
by R16. Other commenters argued for a longer audible warning,
including: 60 seconds, 90 seconds, and until all occupants are buckled.
One comment noted that audio-visual warnings that continue to cycle
throughout the drive are more effective than limited-duration warnings.
Another commenter recommended consistency with existing FMVSS No. 208
audible warning systems for front occupants. Commenters stated that the
duration should be based on evidence of effectiveness while maintaining
a balance with annoyance. A commenter stated that, while information
about the effect of an audio-visual rear seat belt warning on rear seat
belt use is sparse, research on front seat belt warning systems
suggests that an audio-visual warning lasting longer than 8 seconds
would be expected to motivate an unbelted rear occupant to refasten the
seat belt.
With respect to other warning characteristics, three commenters
recommended that the audible warning be heard throughout the vehicle. A
commenter suggested following R16's requirement that the warning
``consist of a continuous or an intermittent (pauses shall not exceed 1
second) sound signal or of continuous vocal information.'' \151\ Two
commenters said that specifying additional audible warning
characteristics would be burdensome and unnecessary. A commenter said
that there should be a balance of the sound level so that consumers
would accept and react positively to the warning, and suggested it be
the same as that for the driver. Another commenter recommended that the
audible warning specification be based on evidence of effectiveness and
suggested that maintaining consistency with other seat belt warning
signals would be desirable. A commenter recommended consistency with
existing FMVSS No. 208 audible warning systems for front occupants. And
yet another commenter recommended a warning that is enhanced but does
not rattle the driver.
---------------------------------------------------------------------------
\151\ Section 8.4.2.2.1.
---------------------------------------------------------------------------
Agency Response
The agency proposes to require an audio-visual warning when a rear
seat belt is unbuckled during a trip. We propose that when the
vehicle's ignition switch is in the ``on'' or ``start'' position, the
vehicle's transmission selector is in a forward or reverse gear, and a
rear seat belt in use changes to not being in use, the vehicle must
activate a continuous or flashing visual warning consisting of icons
\152\ or text visible to the driver, as well as a continuous or
intermittent audible signal for a period of not less than 30 seconds,
beginning when a seat belt in use changes to not being in use. The
warnings could cut off sooner if the belt is refastened before the
minimum time limit has been reached. Comments from vehicle
manufacturers were largely in support of harmonizing with the ECE R16
requirements, and the proposed requirements are comparable to the
change-of-status warnings on vehicles currently equipped with rear seat
belt warnings. For example, Volvo vehicles provide an audio-visual
warning lasting until the belt is refastened.
---------------------------------------------------------------------------
\152\ In the proposed regulatory text, we use the term
``symbol'' instead of ``icon'' in order to be consistent with the
current usage in FMVSS Nos. 101 and 208.
---------------------------------------------------------------------------
We believe this warning will be an effective way to reduce the risk
of injury
[[Page 61697]]
to rear seat occupants by alerting the driver when a passenger
unbuckles during a trip. NHTSA's 2015 consumer survey found that a
change-of-status warning is effective in getting passengers to refasten
their seat belt.\153\ This may be an especially beneficial feature for
drivers transporting children in the back seat. Such a warning may
reduce the risk of injury to children by alerting the driver that a
child has unbuckled his or her seat belt, providing the driver an
opportunity to direct the child to re-buckle the belt. Fifty-five
percent of the drivers surveyed by NHTSA who transport children in the
rear seat and who said their children do not always use seat belts,
have had the experience of their child unbuckling during a trip.\154\
---------------------------------------------------------------------------
\153\ Paul Schroeder & Melanie Wilbur. 2015. Survey of Principal
Drivers of Vehicles with a Rear Seat Belt Reminder System.
Washington, DC: National Highway Traffic Safety Administration,
[Found in the docket for this ANPRM.]
\154\ Id. at 10. This percentage is based on a fairly small
number (15) of drivers who reported that their children do not
always use seat belts.
---------------------------------------------------------------------------
The proposed requirements follow ECE R16 and Euro NCAP in that both
of those protocols include an audio-visual rear belt change-of-status
warning with specified trigger criteria.\155\ We tentatively agree with
a commenter that a duration longer than 8 seconds is warranted because
it will be more effective and believe that a 30-second minimum duration
appropriately balances effectiveness and acceptance. We note that this
is shorter than the duration we are proposing for the change-of-status
warning for the front outboard seats (until the belt is re-fastened--
see Section XI.C.2) because we tentatively believe that a longer
warning for the rear seats is more likely to lead to driver
distraction, especially with children in the rear seats.
---------------------------------------------------------------------------
\155\ Features of the change-of-status warning that are common
with the start of trip warning--for example, the telltale
characteristics--are discussed later in the preamble.
---------------------------------------------------------------------------
The proposal differs from R16 and Euro NCAP in a few ways:
Triggers. The warning would be required as long as the
ignition is on and the transmission selector is in the drive or reverse
position, with no additional thresholds or triggers, such as the
vehicle having to reach a forward speed of 25 km/h. We tentatively
believe this departure from R16 and Euro NCAP is justified. Seat belts
provide a safety benefit even at lower speeds, and regardless of the
direction of motion. We also believe a warning would be beneficial even
if the vehicle is not moving. A driver may want to know if any rear
seat occupants--especially children--have been unbuckled while the
vehicle is temporarily stopped (e.g., at a traffic light) or slowed
(e.g., in a parking lot), because the vehicle could soon be resuming
travel. In addition, providing a warning when the vehicle is stationary
would allow the driver to attend to the unbuckled passengers before
having to focus attention on the driving task. We similarly believe
that a warning would be useful before the vehicle has reached any
distance or trip time threshold. We do not adopt the Euro NCAP
allowance for not requiring a change-of-status warning when all doors
remain closed and the number of buckled positions remains the same
because this would require a delay in the activation of the change-of-
status warning; also, these types of events are likely limited and
require very little time so exposure to the warning would be very
limited. We do, however, adopt the Euro NCAP requirement that if a
change-of-status occurs and a door is open, the system should consider
that as the start of a new trip. This would allow for passengers to
exit the vehicle when the driver does not shift into the park gear
without activating the change-of-status warning for the full duration
requirement.
Duration. The proposed 30-second duration harmonizes with
ECE R16 (though it is shorter than the 60-second duration for the
visual signal specified in Euro NCAP, but consistent with the 30-second
duration for the audible signal). We propose that the audible signal
may be ``intermittent'' (i.e., not continuous), which mirrors the
longstanding requirements for the driver's seat belt warning. ECE R16
\156\ and Euro NCAP \157\ do not count periods in which the warning
stops for longer than 3 seconds as part of the overall duration, and we
have tentatively decided to propose a similar requirement for the rear
audible change-of-status warning. (In contrast, we are specifying
additional signal characteristics for the front seat belt change-of-
status warning because we are proposing to require a longer duration
for that warning. This is discussed in Section XI.C.2)
---------------------------------------------------------------------------
\156\ Section 8.4.2.4.1.
\157\ Section 3.4.3.2.3.
---------------------------------------------------------------------------
Audible warning characteristics. ECE R16 specifies that
for intermittent audible warnings, the pauses shall not exceed 1
second, and that gaps longer than 3 seconds would not count toward the
required 30 second duration. Euro NCAP specifies that there must be no
gaps greater than 10 seconds, and that gaps longer than 3 seconds would
also not count toward their required duration. We have tentatively
decided to propose a requirement that specifies that periods of time
when the audible warning is not active for longer than 3 seconds would
not count toward the required 30 second duration. Given the very
limited duration of the rear seat change-of-status audible warning for
the rear seats we believe this is a sufficient constraint for achieving
an adequate warning. We have not further specified audible warning
characteristics, such as volume or tone, in order to provide
manufacturers design flexibility. The standard has required an audible
driver's seat belt warning with no additional audible warning
requirements since the early 1970s, so we believe manufacturers are
familiar with designing and implementing optimal audible seat belt
warnings. As mentioned above, we are specifying additional signal
characteristics for the front seat belt change-of-status warning
because we are proposing to require an indefinite duration for that
warning, which requires more thought about the warning characteristics
to mitigate the use of ineffective audible warnings (See Section
XI.C.2).
We seek comment on all aspects of the proposed change-of-status
warning. Are there situations when the warning at a low speed would
result in an unnecessary or unwanted warning, and how frequently would
such situations occur? Are any of the deviations from R16 and/or Euro
NCAP unwarranted, and what is the basis for such a conclusion? We
acknowledge that the proposed requirements may still trigger the
change-of-status warning for a short period of time until a door is
opened when a passenger exits the vehicle and the vehicle is not in the
park gear; however, we believe exposure to a very limited warning in
these scenarios is necessary in order to capture other change-of-status
events that occur when a vehicle is stopped but not in the park gear.
We seek comment on how vehicle manufacturers are currently handling
(e.g., what type of warning if any is provided) rear seat change-of-
status events that occur when the vehicle is stopped, but not in the
park gear, or at low speeds (e.g., what type of warning, if any, is
provided when passengers exit the vehicle without the vehicle being in
the park gear)? As will be discussed later, we are proposing that the
change-of-status warning for the front outboard seats be active until
the seat belt that triggered the warning is refastened, so we seek
comment on whether the proposed limited duration change-of-status
warning for the rear seats should
[[Page 61698]]
also be required to last indefinitely until the rear seat belt is
refastened.
3. Telltale Location
A seat belt warning can function by alerting the driver that a rear
seat belt is unbuckled, leaving it to the driver to request the rear
passenger to buckle up. However, many other strategies are possible.
For example, in addition to warning the driver, the front seat
passenger could also be warned on the premise that, if the driver was
occupied by other matters, the front seat passenger could direct the
rear seat passengers to buckle up. Another strategy could be to warn
the rear passenger(s) directly that their belt is unbuckled. Finally,
in addition to warning the rear passenger(s), the driver and/or the
front passenger could be warned. Some research suggests that having the
warning visible to the unbelted occupant may increase
effectiveness.\158\
---------------------------------------------------------------------------
\158\ DOT 2007 Acceptability Study, supra n.78.
---------------------------------------------------------------------------
ECE R16 requires that the visual warning be visible to the driver
when they are facing forward,\159\ and Euro NCAP similarly requires
that the visual signal be clearly visible to the driver without the
need for the head to be moved from the normal driving position.\160\
---------------------------------------------------------------------------
\159\ Section 8.4.2.1.1.
\160\ Section 3.4.1.1.
---------------------------------------------------------------------------
Comments
Most commenters recommended that the signal be visible to the
driver, while one suggested the signal be visible to the rear seat
passengers to avoid relying on the driver to enforce belt use,
especially as rear-seat occupancy increases due to the increased use of
for-hire vehicles (and, possibly at some time in the future, autonomous
vehicles).
Another commenter stated that it is impractical to provide a
warning to rear passengers on buses due to wiring costs, customization,
and FMVSS No. 222 requirements for head impact performance (for school
buses).
Agency Response
We agree with the majority of commenters and propose that the
warning signal be visible to the driver. Although some research may
suggest that having the warning visible to the unbelted occupant may
increase effectiveness, we tentatively believe that the increased cost,
complexity, and re-design such a requirement would entail would not be
justified. However, manufacturers would have the flexibility to place
the visual warning where it would be seen by some or all rear seat
occupants. In Section XII.C we discuss the implications of the telltale
location as it relates to automated vehicles.
4. Telltale Characteristics
The ANPRM sought comment on whether we should propose requirements
for telltale characteristics such as color and required text.
For the current driver's seat belt warning, FMVSS No. 208 requires
a continuous or flashing warning light displaying (at the choice of the
manufacturer) either the telltale specified in FMVSS No. 101 (see
Figure 2) or the words ``Fasten Seat Belts'' or ``Fasten Belts.'' \161\
The telltale must be visible to the driver \162\ in both daytime and
nighttime.\163\ There are no color or illumination requirements for the
telltale.\164\ The seat belt telltale may share a common space with
other telltales except several specific telltales identified in FMVSS
No. 101.\165\ Telltales in the same common space, however, may not be
displayed simultaneously.\166\ The seat belt telltale must displace any
other symbol or message in that common space while the underlying
condition for the telltale's activation exists.\167\ Supplementary
symbols or words may be used in conjunction with the required telltale
or words.\168\
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\161\ FMVSS No. 208 S7.3(a) and FMVSS No. 101, table 2.
\162\ FMVSS No. 208 S7.3; FMVSS No. 101 S5.1.2.
\163\ FMVSS No. 101, S5.3.3(a).
\164\ See Table 2.
\165\ S5.5.2. These are: air bag malfunction, low tire pressure,
electronic stability control malfunction, passenger air bag off,
high beam, turn signal, and any brake system malfunction required by
table 1 to be red.
\166\ See FMVSS No. 101 S4 (``Common space'' is ``an area on
which more than one telltale, indicator, identifier, or other
message may be displayed, but not simultaneously'').
\167\ FMVSS No. 101, S5.5.5.
\168\ FMVSS No. 101, S5.2.3.
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Figure 2--Seat Belt Telltale From FMVSS No. 101
[GRAPHIC] [TIFF OMITTED] TP07SE23.001
The rear reminder requirements in ECE R16 mirror the FMVSS driver's
warning requirements in several respects: the telltale may be flashing
or steady; \169\ it must be recognizable in the daylight and at
nighttime and distinguishable from other alerts; \170\ and there are no
color requirements.\171\ However, R16 differs from the FMVSS
requirements in that there is no required telltale symbol.\172\ R16
also appears to require a visual warning that depicts all the rear
seating positions.\173\
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\169\ Section 8.4.2.1.2.
\170\ Section 8.4.2.1.1.
\171\ Section 8.4.4.3.
\172\ Section 8.4.4.3. A common telltale may be used for both
the front and rear seat belt reminders. Section 8.4.4.4. The front
reminder is required to utilize the symbol specified in Regulation
121, which is the same symbol specified in FMVSS No. 101 and
depicted in Figure 2.
\173\ Section 8.4.4.2 (``The visual warning shall indicate at
least al rear seating positions to allow the driver to identify,
while facing forward as seated on the driver seat, any seating
position in which the safety-belt is unfastened.'').
---------------------------------------------------------------------------
Euro NCAP specifies that as soon as the audible part of the seat
belt reminder signal starts, the visual signal needs to flash and be
synchronized with the audible part.\174\
---------------------------------------------------------------------------
\174\ Section 3.4.1.1.
---------------------------------------------------------------------------
Comments
Several commenters favored standardized warnings. Two commenters
stated that standardized telltales would help drivers recognize the
icons when driving different/multiple vehicles (rentals, etc.).
In contrast, other commenters urged NHTSA to provide manufacturers
with
[[Page 61699]]
flexibility and not require a specific telltale. Two commenters
specifically suggested harmonizing with ECE R16, in addition to the
many commenters who generally urged harmonization with R16. A commenter
requested flexibility to choose the indication method for each seating
position, such as a telltale or a graphic or rendering of the vehicle
seating positions in a more advanced display screen.\175\ Another
commenter urged NHTSA to defer regulatory action on the establishment
of a specific symbol and simply require that any telltale provided be
communicated in the owner's manual because additional research is
needed to determine which approaches may be most effective in
communicating reminder status for a particular row or specific
designated seating position, and emphasized its belief that NHTSA
should not mandate specific indicators or display characteristics in
order to provide OEMs with flexibility. Two commenters similarly
suggested allowing the telltales for the rear seat belt reminder to
differ (e.g., different colors, symbols) from those currently used for
the front.
---------------------------------------------------------------------------
\175\ Honda's comment seems ambiguous. It urges harmonization
with R16, which does not require a specific telltale, but also
states that the existing seat belt telltale in FMVSS No. 101 is a
universally-recognized warning that can be used to provide a
consistent link to additional seat belt information, and advocates
using the FMVSS No. 101 telltale as a ``baseline warning'' to ensure
that an active safety belt warning continues to be provided if an
additional seat belt warning visual display needs to give priority
to a more important safety warning.
---------------------------------------------------------------------------
On the other hand, some commenters did not oppose requiring use of
the current driver's seat belt telltale. A commenter said that a
typical approach for rear seat belt warnings is to include a separate
area on the instrument panel for separate telltale(s) for the rear
seating position. These telltales could be specific to the actual
seating position to inform the driver of the actual position that is
buckled or unbuckled.
A commenter said that the rear seat warning system should be
coordinated with the driver warning, and that an ideal approach would
be to provide a pictogram of the vehicle that has icons showing the
seat belt status for each seating position. The commenter suggested
this dashboard image could be combined with the door-ajar image, and it
could even be enhanced to indicate whether a door's child safety lock
feature is engaged. Similarly, a commenter stated that the warning
should convey the location of each unbuckled occupant
(negative[hyphen]only system for which occupant detection would be
necessary).
Agency Response
We are proposing that the visual warning be continuous or flashing
and consist of icons or text and indicate how many or which rear seat
belts are in use or not in use depending on the type of warning system.
If icons are used to indicate how many or which rear belts are in use,
we propose that icon(s) must be green; if icons are used to indicate to
the driver how many or which belts are not in use, we propose that the
icon(s) be red. If text is used to indicate to the driver how many or
which rear seat belts are in use or not in use, we propose that the
text contain the words ``rear belt(s) in use'' or ``rear belt(s) not in
use.'' We also propose to amend table 2 in FMVSS No. 101, Controls and
displays, to clarify that the ``Seat Belt Unfastened Telltale''
depicted there does not apply to the rear seat belt reminder. We also
propose to amend able 1 in FMVSS No. 101 by adding in a row for the
proposed rear seat belt warning. We agree with the merits of
standardized warnings, but also seek to provide manufacturers
flexibility to address their vehicle designs.
The requirement that the visual warning be continuous or flashing
mirrors the current driver's seat belt visual warning requirement and
is also consistent with R16. However, we propose to depart from the
current driver's warning and from R16 and standardize the color of the
icons and text for the warnings to increase the likelihood that
consumers would notice, recognize, and respond to the warnings. We
believe that standardized colors and text will facilitate the
interpretation of the signal. We are departing from the current
driver's warning requirements and following R16 by not requiring
specific icons because we believe the choice of icons would largely
depend on whether the system displayed the number of seat belts in use
or which seat belts are in use; this NPRM provides manufacturers
flexibility in choosing which icons to use.
Another difference between the proposal and R16 is that R16
requires that the visual warning ``indicate at least all rear seating
positions.'' We understand this to mean that the visual warning must
depict all the rear seating positions. For instance, on some vehicles,
Peugeot employs a visual warning that uses a schematic of the whole
vehicle to indicate seat belt non-use or change-of-status for each
seating position.\176\ Another manufacturer, Cupra, uses a visual
warning, on some of its European vehicles, which depicts the status of
all the seat belts in the rear seats without using a schematic of the
whole vehicle.\177\
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\176\ https://public.servicebox.peugeot.com/APddb/modeles/3008/eGuide_ed02-16/pdfs/9999_9999_091_en-GB.pdf, pg. 144.
\177\ https://www.cupraofficial.com/content/dam/public/cupra-website/owners/cupra-car-model-manuals/brochures/CUPRA_FORMENTOR_06_21_EN.pdf, pg. 17.
---------------------------------------------------------------------------
In order to give manufacturers design flexibility, we do not
propose to require that the warning depict all rear seating positions.
Our proposed requirements would allow the visual warning to consist of
text or icons indicating how many or which rear seats are fastened or
unfastened. For example, the warning text might consist of ``Middle and
Right rear seat belts fastened.'' Another visual warning option would
be the seat belt icon with an adjacent numeral indicating the number of
rear seat belts fastened. Accordingly, the proposal would allow, but
not require, use of a pictogram as recommended by Safe Ride News. We
are not requiring this because we believe it would be difficult to
implement on vehicles such as passenger vans with many rear seats. (We
also note that R16, which requires the visual warning to indicate all
rear seats, does not apply to vehicles that transport more than eight
passengers.) We acknowledge that vehicles with a larger number of rear
seats, such as passenger vans/buses, may encounter visual signal
complexities; however, we are not dictating specific types of signals
in the proposed requirements in order to ensure manufacturers have
adequate flexibility to address these types of issues. We think these
vehicles, in particular, would benefit from the option to indicate how
many rear seats are fastened.
We seek comment on all of these issues, including the type of
visual warnings that rear seat belt reminder systems employ currently
or may employ in the future. We also seek comment on whether we should
consider further aligning with R16 by requiring the visual warning to
indicate all rear seating positions, which features of a visual warning
would be appropriate for buses, and whether any further amendments to
FMVSS No. 101 are necessary (e.g., the common space requirements in
S5.5).
5. Belt Use Criteria
The ANPRM sought comment on whether NHTSA should retain, for a rear
seat belt warning, the criteria used for the current driver's seat belt
warning to determine if the occupant is belted. The current driver's
belt warning requirements specify that a belt is ``not in use'' when,
at the option of the
[[Page 61700]]
manufacturer, either the seat belt latch mechanism is not fastened or
the belt is not extended at least 10.16 centimeters (cm) (4 inches
(in)) from its stowed position.\178\
---------------------------------------------------------------------------
\178\ S7.3(c). These are the definitions for manual belts. For
automatic belts, see infra Section XII.A.
---------------------------------------------------------------------------
ECE R16 defines an ``unfastened'' belt to mean ``either the safety-
belt buckle of any occupant is not engaged or the length of the pulled
out webbing is less than the length of the webbing which is needed to
buckle an un-occupied seat in the rear most seating position.'' \179\
Euro NCAP does not specify a webbing spool-out criteria, and only
refers to the status of the belt buckle.
---------------------------------------------------------------------------
\179\ Section 2.46.
---------------------------------------------------------------------------
Comments
Three commenters supported using the existing FMVSS No. 208
criteria.
A commenter suggested harmonizing with ECE R16, regardless of the
type of system, in order to provide flexibility for vehicles that may
have different characteristics with respect to rear row seating
positions; for example, for rear seats that can be removed from a
vehicle, providing an option whereby belt spooling can be used as an
alternative to buckle latching may reduce challenges associated with
any electrical connections that might be otherwise needed to provide
functionality.
Other commenters suggested using different belt use criteria
considering the wide range of possible occupants, devices (e.g., car
seats), and objects in rear seats, but did not offer possible
solutions. One commenter stated that any seat belt use criteria should
take into account whether a bypass system for CRS installation would be
employed to prevent false warnings caused by using the lower anchors.
Another commenter stated that the prolific use of LATCH seats and
integrated child seats on buses will necessitate an alternate means of
seat belt use detection.
Agency Response
The current FMVSS No. 208 belt use criteria for the driver's seat
belt warning requirements have been in place since 1974 and allow for
the use of a belt latch or spool-out sensor. While these criteria would
be effective for determining belt use for the initial seat belt
warning, we believe the use of a spool-out sensor would not allow for
an objective or reliable criterion for the proposed change-of-status
warning. There may be instances where the webbing may not readily spool
back in when the seat belt is unbuckled (e.g., due to the use of
shoulder belt routing features or the use of a belt positioning booster
seat), and thus would not reliably trigger the change-of-status
warning. Therefore, we are proposing amending the belt use criteria in
FMVSS No. 208, for the seat belt warning requirements, to rely on the
use of a belt latch sensor, and not provide requirements that would
accommodate the use of a spool-out sensor. We believe this is
consistent with Euro NCAP. We invite comment on this tentative decision
to not accommodate the use of spool-out sensors for the belt use
criterion and request any data on the prevalence of the use of spool-
out sensors in the fleet.
Concerns about false alarms triggered by LATCH use for the
installation of child restraints are already addressed by the simple
approach, in line with NHTSA's recommendations, that parents and
caregivers fasten and lock the unused seat belts for the seat where the
child restraint is being installed. This is an already existing agency
recommendation to prevent seat belt entanglement and would prevent
false warnings related to LATCH use.
6. Electrical Connections
In the ANPRM, we explained that a rear seat belt warning system
might require an electrical connection between the seat and the vehicle
to relay the information gathered by a belt latch or webbing spool-out
sensor to the rest of the warning system. A rear-belt warning system
may therefore, as several commenters to the RFC noted,\180\ present
potential wiring complexities, particularly in vehicles with removable,
folding, rotating, or stowable seats. These types of seats might
present an issue for a rear seat belt warning system because the
electrical connection might not be automatically reestablished for
these seats when the seat is reinstalled. There could be instances with
manual connection seats where the driver either forgets to make the
connection or makes an improper connection. Even for seats where the
connections are automatically established when the seat is reinstalled,
the automatic connectors might malfunction. If the electrical
connection is not reestablished, the warning system could malfunction
or provide inaccurate information. Removable seats are mainly found in
the second row of minivans.\181\ Foldable, rotating or otherwise
stowable seats (e.g., Stow-n-Go, Flip and Fold) are prominent in the
third row of minivans or large SUVs. Foldable or stowable seats in the
second row are not as prominent in minivans.
---------------------------------------------------------------------------
\180\ See Docket No. NHTSA-2010-0061 (comments of IEE S.A.,
Alliance of Automobile Manufacturers, Association of Global
Automakers, and Automotive Safety Council).
\181\ We consider readily removable seats to be seats designed
to be easily removed and replaced by means installed by the
manufacturer for that purpose (see FMVSS No. 208 S4.1.4.2.2.), and
do not require any special tools for their removal.
---------------------------------------------------------------------------
Neither Euro NCAP nor ECE R16 have any requirements that address
the potential for improper electrical connections for such seats. The
ECE regulations provide that the rear seat belt warning requirements
would not apply to folding rear seats or to seats fitted with an s-type
belt (including a harness belt) until September 2022.\182\ Euro NCAP
does not exclude folding seats and includes all seating positions
including optional and removable seats, but does not require the
monitoring of the buckle status for rear seat belt secondary buckles
that require a tool to unlock.
---------------------------------------------------------------------------
\182\ See Sections 8.4.1.3 and 15.4.2.
---------------------------------------------------------------------------
Comments
Three commenter stated that removable, suspension and folding seats
are complex and raise reliability and technological readiness concerns
and should be exempted from the warning requirements until it would be
practicable. Two of these commenters said that if a seat belt warning
were required for such seats, significant lead time or a phase-in
(e.g., until the vehicle platform was updated) would be necessary.
Commenters stated that a rule should include some or all of these
seat types. A commenter stated that, although these seats may present
challenges for rear seat belt warning systems, NHTSA has provided no
evidence that, in cases other than removable seats, the challenges
would be insurmountable, or quantified the portion of the target
population represented by occupants of these types of seats, which
likely includes many children. Another commenter stated that removable
seats would not need to be exempted from the requirements (as they
currently are from ECE R16) if specific types of electrical connections
or technology (e.g., wired buckle switch, wireless buckle switch, belt
extension) were not required.
Commenters said that electrical connections for removable,
rotating, flipping and folding seats should not require any action on
the part of the consumer because vehicles with these seats frequently
transport children, and believed that NHTSA should also consider
requiring wireless connections and a warning for an improper
connection.
Commenters were against any prescriptive design requirements
related to the connection between the vehicle
[[Page 61701]]
and any removeable, folding, rotating, or stowable seats, and in favor
of a robust set of compliance options to facilitate new technology
(although one commenter also said that any additional time it would
take NHTSA to develop such options would not be justified by the
limited benefits and relatively small number of affected vehicles). A
commenter said that NHTSA should instead include a reliability
requirement (e.g., lifetime warranty).
Two commenters expressed concerns with wiring complexities
associated with buses. One of these commenters specifically noted
track-mounted seats, which can be repositioned by the end user, which
are also subject to improper connections and for which wireless
communication technology is not currently available.
Agency Response
We have tentatively decided not to exempt any of these seat types
from the proposed requirements. We are not exempting suspension and/or
folding seats; the electrical connections should not be disturbed
because these seats are not readily removable, and they would
potentially just require additional wiring to accommodate the folding
or stowing process. We are also not exempting removable seats because
we tentatively believe that concerns with improper electrical
connections will be addressed by the proposed warning requirement
discussed below. Applying the requirements to these seats also
harmonizes with ECE R16 (which will soon fully phase in the rear belt
requirements for these seats) and Euro NCAP. We do not consider a
phase-in necessary for suspension and/or folding seats because we
believe the solution for these seats is simple. For removable seats a
phase-in is unnecessary because readily attachable electrical
connections appear feasible. We do not believe buses would be subject
to these requirements, given our definition of readily removable seats.
We have tentatively decided not to propose any requirements with
respect to the electrical connections for folding, rotating, or
stowable seats. Because these seats are not readily removable, the
electrical connections should not be disturbed and could be
accommodated with additional wiring. We are, however, proposing two
requirements related to the electrical connections for readily
removable seats.
First, we are proposing that readily removable seats must either
automatically connect the electrical connections when the seat is put
in place (i.e., not require the vehicle user to take any additional
action to reconnect the electrical connections other than re-installing
the seat) or, if a manual connection is required (i.e., the user must
reconnect the electrical system), the connectors must be readily-
accessible.\183\ By readily-accessible connectors we mean connectors
that are easy for an ordinary consumer to see and access. A system
utilizing a wireless connection could be classified as either automatic
or manual, depending on whether the user needs to take any additional
actions to establish the wireless connection. We agree with the
commenters who recommended no prescriptive requirements in order to
ensure OEMs have flexibility in system design. We think the proposal
balances flexibility and the need to ensure that a proper connection is
made.
---------------------------------------------------------------------------
\183\ As we note in Section X.C.7 below, we also propose that
the owner's manual (which includes information provided by the
vehicle manufacturer to the consumer, whether in digital or printed
form) include instructions on how to make any manual electric
connections for readily removable seats.
---------------------------------------------------------------------------
Second, we are proposing that vehicles utilizing the negative-only
compliance option provide a visual warning to the driver if a proper
electrical connection has not been established for a readily removable
seat. We are concerned that consumers could reinstall removable seats
(with either automatic or manual connections) without making a proper
electrical connection. There could be instances for manual connection
seats where the driver either forgets to make the connection or makes
an improper connection. Even for seats where the connections are
automatically established when the seat is reinstalled, the automatic
connectors might malfunction (e.g., debris, broken connector) and a
proper connection may not be made. If the electrical connection is not
reestablished, the warning system could malfunction or provide
inaccurate information. We are only proposing to require the warning
for negative-only systems because a faulty connection would result in
the system not triggering any warning of an unbelted rear seat
occupant. Moreover, the driver would otherwise have no reason to
suspect that the system was malfunctioning, and so might mistake the
lack of a warning as an indication that the rear seat occupant was
belted.
These potentially serious problems are not present in full-status
or positive-only warning systems. First, it is our expectation that a
faulty connection for a full-status system would affect both the
occupant detection and belt status. However, if for some reason this is
not the case and the occupant detection of a full-status system is
working properly, but the seat belt buckle sensor is not connected
properly, then no visual warning should activate without input from the
buckle sensor and the driver should easily recognize the system is not
working properly. If for this same scenario, the system interprets a
lack of input from the seat belt sensor as an unbuckled seat belt when
the driver verifies or requests the rear seat occupant to buckle their
seat belt and the occupant is already buckled, then the driver would
again be aware the system is not working properly. If the occupant
detection sensors are not connected properly, the driver would be aware
of the number of rear seat occupants being transported, and would thus
be aware that the system is not operating correctly when there is not a
warning for each occupant. Similarly, if there were not a good
connection in a vehicle with a positive-only system, an unbelted rear
seat occupant would not register as belted, which would be accurate; a
belted passenger would also not register as belted, but since the
passenger would be belted, there would be no adverse consequences from
the system error if a crash were to occur.
We believe that both of these requirements would mainly affect
minivans, which make up a small percentage of the fleet.\184\ We
believe it might be possible to utilize the rear seat belt visual
warning signal, with slight modifications (e.g., a different color).
The agency seeks comments on this proposal, particularly on the safety
need for such warnings, costs, and feasibility of the proposed warning.
We also seek comment on whether this telltale should be added to table
2 of FMVSS No. 101, Controls and displays.
---------------------------------------------------------------------------
\184\ We estimate that minivans make up 3.6% of vehicles
produced based on MY 2015 WardsAuto production data. The number of
minivans that would potentially be affected by this proposed
requirement is less than 3.6%, because some minivans only have
foldable/stowable rear seats, not removable seats.
---------------------------------------------------------------------------
None of the regulations or statutes administered by NHTSA require
manufacturers to provide a lifetime warranty. However, if a vehicle or
item of equipment is determined (by the manufacturer or NHTSA) to have
a safety-related defect or fails to meet an applicable FMVSS, the
Safety Act requires the manufacturer to notify the owner of the defect
or noncompliance and (if the vehicle or item is not more than 15 years
old) remedy the vehicle or item without charge to the vehicle owner.
7. Owner's Manual Instructions
The ANPRM sought comment on requiring the owner's manual to provide
[[Page 61702]]
information on the warning system's features, including the location,
format, and meaning of the visual warnings. Because the owner's manual
readership may be relatively low,\185\ we also sought comment on
whether this information should be displayed in the vehicle instead of
(or in addition to) the owner's manual.
---------------------------------------------------------------------------
\185\ The National Child Restraint Use Special Study found that
only 13 percent of drivers reported reading the vehicle owner's
manual. Nathan K. Greenwell. 2015. DOT HS 812 142. Washington, DC:
U.S. Department of Transportation, National Highway Traffic Safety
Administration, p. 10.
---------------------------------------------------------------------------
Comments
None of the commenters opposed such a requirement. Several
commenters supported including such information in the owner's manual.
Some commenters requested flexibility in describing the functionality
of the system. One commenter suggested that the owner's manual could
include information on the seating positions where a rear-seat reminder
is provided, a description of the visual and audible warning(s), an
indication of whether the system incorporates driver monitoring
(including any limitations), instructions for deactivating or
cancelling any warning(s), any limitations related to CRS, and
information related to the connection of removable, folding, rotating,
or stowable seats.
A commenter believed that information should also be displayed in-
vehicle, especially for one-time vehicle users (renters, friends,
family), and especially with respect to electrical connections for
removable/stowable seats. Another commenter believed that more research
on the best way to communicate this to owners is needed.
A commenter stated that information on how a rear seat belt
reminder affects CRS installation should be provided, including whether
the system is able to detect a CRS (and avoid false warnings).
Agency Response
We propose that the owner's manual (which includes information
provided by the vehicle manufacturer to the consumer, whether in
digital or printed form) describe the warning system's features,
including the location, format, and meaning of the visual warnings. We
also propose that the owner's manual include instructions on how to
make any manual electrical connections for readily removable seats.
This will provide manufacturers flexibility for how they describe the
functionality of the system. These proposed additions to the owner's
manual requirements in FMVSS No. 208 would require a revision to the
approved collection of information OMB No. 2127-0541. Later in this
proposed rule, we seek comment on this revision.
With regard to including system functionality information in the
vehicle itself, these types of vehicle features are not normally
explained visually in the vehicle, other than information on air bags
which pose safety risks. This level of detail is best described in the
owner's manual.
We are aware of at least one manufacturer that provides information
in the owner's manual on how their rear belt warning system with
occupant detection functions when a CRS is installed with LATCH and
guidance on how to avoid activating the warning (for example, it
informs the consumer that fastening the seat belt prior to installing a
CRS with LATCH will avoid activating the warning system for that
seat).\186\ We seek comment on whether we should require including such
information in the owner's manual (which includes information provided
by the vehicle manufacturer to the consumer, whether in digital or
printed form).
---------------------------------------------------------------------------
\186\ As noted earlier, NHTSA recommends buckling unused seat
belts that are within reach of children to prevent seat belt
entanglement and/or strangulation.
---------------------------------------------------------------------------
8. Interaction With Other Vehicle Warnings
The ANPRM also solicited comment on whether a rear seat belt
warning could conflict with other in-vehicle warnings, and how this
might be addressed.
Comments
A few commenters believed that the rear belt reminder could
conflict with other warnings. One commenter believed that there are
conflicts and that the rear seat belt warnings should be given priority
over other warnings. Two commenters recommended that NHTSA provide
flexibility for rear-seat reminder system alerts (or aspects of the
alert) to be temporarily suppressed or paused where it is necessary to
alert or redirect the driver's attention to higher-priority warnings--
for example, related to the operation of the vehicle or a potential
safety risk within the external roadway environment, such as an alert
provided by an advanced driver assistance system (ADAS), crash
avoidance system or automated driving system (ADS) request to
intervene. Another commenter recommended that the existing FMVSS No.
101 Seat Belt Unfastened Telltale be utilized as a persistent
``baseline'' warning when there is an active seat belt warning for any
occupant, even in the event that the display of detailed seat belt
information is prevented by a higher priority warning.
Other commenters did not believe there would be conflicts with
other warnings, and one manufacturer did not believe there would be a
conflict if the audible warning is accompanied by a visual warning.
Agency Response
NHTSA is proposing that the rear seat belt reminder telltale must
not be overridden by other visual warnings for the required duration.
This is consistent with the current requirements in FMVSS No. 101 for
the driver's seat belt warning which specify, among other things, that
the seat belt telltale must displace any other symbol or message in
that common space while the underlying condition for the telltale's
activation exists.\187\ We do not believe that the seat belt warning
requirements will interfere with other warnings for safety systems
since they have dedicated warning signals. This should give
manufacturers the flexibility to determine the best way to implement
their warnings. For instance, warnings for a potential safety risk can
be more aggressive than those for the seat belts. With regard to
available space, the visual signal might be displayed as a telltale
light on the instrument panel or on the vehicle's information display
screen. Manufacturers will also have to determine whether the driver
and rear passenger seat belt visual warning will be treated the same.
---------------------------------------------------------------------------
\187\ FMVSS No. 101, S5.5.5. See discussion supra, Section
X.C.4, Telltale characteristics.
---------------------------------------------------------------------------
D. Alternative Warning Signals
The ANPRM sought comment on requiring or specifying as a compliance
option a rear seat belt warning that differs from the type of audio-
visual warning that is currently required for the driver's seat belt.
Alternatives to a visual warning on vehicle start-up could include an
audible signal, either electronic or mechanical, or a haptic warning
(e.g., steering wheel or seat vibration). Similarly, an audible or
visual warning of a change in the status of rear seat belts could be
either electronic or mechanical and could include a haptic signal. We
also sought comment on alternative solutions that would alert the
driver when a rear seat passenger buckles and/or unbuckles (e.g.,
mirrors to see whether belts are buckled, or the sound of the latch
plate clicking into the buckle).
Comments
Many commenters recommended requiring the traditional audio-visual
[[Page 61703]]
warnings currently used for the front seats. One commenter stated that
warning specifications should be based on effectiveness and that audio-
visual warnings would likely be highly effective given occupants'
familiarity with them; it did not believe that a less-sophisticated
warning, such as a specialized system of mirrors, would be sufficient
to inform the driver about the status of the rear seat belts. Two
commenters noted the potential for confusion/distraction if an
alternative warning were used. A commenter stated that the ``click'' of
the belt buckle, while certainly evidence of a buckled seat belt, can
easily be missed by the driver and other occupants, as it could be
masked not only by the drivers' own belt clicking, but also by ambient
noise in the vehicle, and that, given the research supporting the
effectiveness of an audio-visual signal, an alternative warning system
would not be acceptable. Two commenters said that an alternate warning
is not necessary because ECE R16's requirements are adequate.
A commenter said that, in addition to requiring an audio-visual
warning, the proposed rule should require a notification on the
instrument cluster if a seat belt is unbuckled that must be
acknowledged by the driver before any other use of the instrument panel
is permitted.
A commenter stated that rear seat belt warnings are not practicable
for buses, but if they were used, an audible alarm similar to that
required for emergency exits would be necessary to provide an effective
notice to the driver. The commenter believed that the interior mirror
on buses designed to permit the driver to view the passengers, while
not as effective in determining proper seat belt use as an electronic
monitoring system, has been effective in aiding the driver to observe
passengers that were obviously not properly belted. The commenter did
not support the use of haptic signals on buses. A public commenter
suggested use of cameras.
Agency Response
We agree with the commenters who believe that an alternative
warning is not necessary and that an audio-visual warning would be
appropriate.\188\ Cameras would be unnecessary and would add cost. The
agency believes that mirrors alone would not be as effective as an
audio-visual warning and may pose risks, as drivers would have to study
the view to determine belt status, assuming they could clearly see the
belts. In addition, as explained above, the proposed rule would not
apply to school buses.
---------------------------------------------------------------------------
\188\ With respect to Blue Bird's argument regarding the
practicability of a rear warning for buses, see Section X.B,
Applicability.
---------------------------------------------------------------------------
We are specifying minimum performance requirements in order to
balance the effectiveness and acceptability of these systems.
Manufacturers can go beyond our requirements, such as by providing a
warning on the instrument panel that must be acknowledged by the driver
before any other use of the instrument panel is permitted.
E. Resistance to Intentional and Inadvertent Defeat and Deactivation
The ANPRM sought comment on whether NHTSA should propose
requirements to address circumvention. We pointed to agency research on
the development of a seat belt misuse detection system that identified
a number of ways in which a rear seat belt warning system might be
intentionally defeated, as well as potential countermeasures.\189\ For
example, a warning system could be defeated if:
---------------------------------------------------------------------------
\189\ Mazzae, E.N., Baldwin, G.H.S., & Andrella, A.T. (2018,
October). Performance assessment of prototype seat belt misuse
detection system (Report No. DOT HS 812 593). Washington, DC:
National Highway Traffic Safety Administration.
---------------------------------------------------------------------------
The belt is buckled before the occupant sits in the seat.
This could be addressed by requiring a sequential logic system. A
sequential logic system would require that the belt be buckled after
the seat has been occupied in order for the system to recognize the
seat belt as being buckled.
An occupant buckles the seat belt behind themselves. This
could be addressed by utilizing both seat belt latch and spool-out
sensors and deactivating the warning only if the webbing were spooled
out more than a predetermined length. However, even these sensors could
be defeated by pulling out additional webbing and clipping it off to
prevent retraction.
The seat belt and/or occupant detection sensors utilized
by the rear warning system in vehicles with removable rear seats are
intentionally disconnected.
We also noted some ways in which the warning could be inadvertently
circumvented (for example, when the driver uses a remote engine starter
so that the initial warning activates before the driver is in the
vehicle).
We also sought comment on whether a feature allowing single-trip
manual deactivation would diminish the likelihood of circumvention. The
ECE regulations allow the rear seat belt warning system to incorporate
a short-term and/or a long-term deactivation feature for the audible
change-of-status warning.\190\ Under those regulations, a short-term
deactivation may only be effectuated by specific controls that are not
integrated in the safety-belt buckle, and only when the vehicle is
stationary.\191\ When the ignition or master control switch is
deactivated for more than 30 minutes and activated again, a short-term
deactivated safety-belt reminder must reactivate. A long-term
deactivation may only be effectuated by a sequence of operations that
are detailed only in the manufacturer's technical manual or which
require tools that are not provided with the vehicle. It must not be
possible to provide either short- or long-term deactivation of the
visual warning. Under Euro NCAP, the system may allow the driver to
acknowledge the signal and switch it off for that unique event, except
for change-of-status events; a new trigger of the warning should not be
prevented.\192\ We therefore understand there to be two distinct but
related concepts in the ECE regulations and Euro NCAP: acknowledgement
and deactivation. The former allows the driver to turn off the signal
once it is activated, while the latter prevents the signal from
activating altogether. In addition, FMVSS No. 101 provides that
telltales for several functions (such as high beams), but not including
the driver's seat belt warning, must not be cancelable while the
underlying condition for their activation exists.\193\
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\190\ Section 8.4.5.
\191\ Section 8.4.5.1.
\192\ Section 3.4.3.1.2.
\193\ S5.5.6(b).
---------------------------------------------------------------------------
Comments
Several commenters supported addressing intentional and/or
inadvertent defeat. A commenter stated that, given the relatively small
proportion of hard-core nonusers, the proportion of the potential
target population seeking to intentionally defeat the systems is
relatively small. Nonetheless, the commenter stated that, if mitigation
strategies can be built into the systems, such an advance would likely
help address at least some portion of ``hard-core nonusers'' as well as
those exhibiting inadvertent misuse. Commenters believed that the cost
of the potential countermeasures would be minimal, and they should be
required to the extent feasible. A commenter stated that the rear
warning system should include appropriate requirements for inadvertent
defeat, but not intentional defeat. Another commenter supported
investigating the possibility of eliminating the ``false comply''
[[Page 61704]]
condition of buckling behind the back or extracting and ``pinning'' the
belt without buckling. One potential option is to replicate current
systems used to identify seat belt use for front seated occupants, as
occupant detection systems can also assist with identifying misuse.
They also commented that sensor technology that identifies belt
pullout, occupant location, and buckle switches can add redundancy and
reduce the risk of intentional and inadvertent defeat.
Other commenters disagreed with hardening the system against
circumvention because it would be burdensome and unnecessary (minimal
benefits). One commenter noted the relatively small proportion of
drivers who circumvent the seat belt warning.
With respect to deactivation, three commenters supported following
R16, and IEE supported following R16 and/or Euro NCAP. Three other
commenters opposed allowing deactivation because it would drastically
weaken system effectiveness.
We also received comments on the interaction with a remote engine
starter and the warning. A commenter believed that adopting the
requirements of R16 should help address this issue, as warnings must be
provided when the ignition switch (or master control switch) is
activated (i.e., capable of being driven). The commenter also believed
that the current driver's warning requirements (where the warning is
provided beginning when the vehicle ignition switch is moved to the
``on'' or the ``start'' position) address this issue. Another commenter
recommended that NHTSA specify the start of the drive as the moment
when the ignition is activated in the mode where the vehicle is capable
of being driven. A commenter stated that this potential issue can
easily be avoided with occupant detection, because the warning cycle
would only be triggered based on the actual presence of occupants.
Agency Response
We have tentatively decided not to propose any system-hardening
features. In drafting this proposal, the agency focused on extending
the rear seat belt warning technologies currently in a relatively small
proportion of vehicles to the rest of the fleet. These existing systems
generally do not provide mechanisms to limit circumvention. We decided
not to include requirements to address circumvention for a variety of
reasons. Most importantly, doing so would increase cost and complexity.
For example, since we are not proposing to require occupant detection
technology, we are not proposing a sequential logic system. We also
believe that because the proposed warnings are minimally intrusive--a
relatively short-duration visual warning on start-up, and an additional
short audio-visual warning for a seat belt that is subsequently
unbuckled--attempts to defeat the system will be rare.
We have also tentatively decided not to allow acknowledgement or
deactivation of the required warning signals. While some commenters
suggested adopting the R16 requirements, they did not offer further
information on the need or use of these options, except for one
commenter that noted it would diminish the safety value of the system.
Therefore, we believe that proposing to allow an acknowledgment, short-
term deactivation, and or long-term deactivation option would have a
net negative impact on the effectiveness of the proposed warning system
(the driver would not get the full benefit of the warning). As
discussed earlier in this proposed rule, we believe that the proposed
warnings are minimally intrusive and have relatively short durations
(visual-only at start-up and audio-visual for a change-of-status), and
the positive-only compliance option would mitigate warnings for
unoccupied seats. In addition, we believe that allowing the driver to
turn off the change-of-status warning would not meet the need for
safety. Since we cannot justify allowing such options from a safety
perspective (allowing it would negatively impact the effectiveness of
the systems) or consumer acceptance perspective (warning signals are
unobtrusive and vehicle manufacturers could opt for the positive-only
option), we have tentatively decided not to allow either a deactivation
or acknowledgment option. For this reason, we also propose amending
FMVSS No. 101 S5.5.6(b) by adding the seat belt telltale to the list of
telltales that may not be cancellable while the underlying condition
for the telltale exists. This would apply to both the front and rear
seat belt warnings. This would mean that the seat belt warning telltale
would not be allowed to be acknowledged (i.e., cancelled) until the
minimum warning duration had been reached.
We seek comment on vehicle manufacturers' desire to provide such
options, and, if they currently offer such options, how they have
implemented them. We also seek comment on whether allowing such options
would affect manufacturers' choice of compliance option (e.g., if we
allowed acknowledging or deactivating the warning signals, would they
be more inclined to choose the negative-only or full-status compliance
options?). We also seek comment on our proposed revision of FMVSS No.
101.
In vehicles with a remote engine starter, the driver would
potentially not be present to witness the initial warning signals if
they are designed to meet our minimum requirements. This could
potentially be addressed by programming the system to require input
from the door sensors or occupant sensors to verify that the driver is
in the vehicle, or by requiring the signals to initiate when the
transmission is moved out of the park mode. We have chosen not to
propose a strategy for this scenario, but request comments on
practicable solutions to this problem that could be implemented in the
final rule and the potential cost impacts. New technologies or
solutions may be available that may address these scenarios without
limiting the design flexibility of manufacturers or significantly
increasing the cost.
F. Consumer Acceptance
In the ANPRM we explained that in order for the proposed rear seat
belt warning to have a lasting impact on seat belt use, it must balance
effectiveness and acceptability. For a seat belt warning system to
induce an unbelted occupant to buckle up, the warning must be
noticeable enough to attract the occupant's attention, or, for a
warning directed at the driver, the driver's attention. However, if the
warning is overly intrusive, consumers may not accept the
technology.\194\ Therefore, the warning must be noticeable enough to
prompt occupants to buckle their seat belts, but not so intrusive that
the public does not accept the warning system, or that an occupant will
circumvent or disable it. Consumer acceptance of any eventual seat belt
warning requirements is an important consideration, given the potential
safety benefits of rear seat belt warnings, the history of seat belt
warning technologies, and the fact that consumers have not yet had
widespread exposure to rear seat belt warnings. NHTSA is especially
aware of this concern, given the agency's experience with public and
Congressional backlash in the 1970s over the ignition interlock and
continuous warning buzzer regulations.
---------------------------------------------------------------------------
\194\ DOT 2009 Seat Belt Study at 2; Transportation Research
Board Study at 8.
---------------------------------------------------------------------------
We also noted research by NHTSA and others suggesting that
consumers would accept the new technology. The 2004 Transportation
Research Board Report observed that ``the data available to date
provide strongly converging
[[Page 61705]]
evidence in support of both the potential effectiveness and consumer
acceptance of many new seat belt use technologies[.]'' \195\ As part of
the research for the report, NHTSA conducted focus-group interviews
with part-time and hard-core nonusers. The report noted that ``many
part-time users interviewed by NHTSA--the primary target group for the
technology--were receptive to the new systems. Nearly two-thirds rated
the reminders ``acceptable,'' and approximately 80 percent thought that
they would be ``effective.'' \196\ The ANPRM also pointed to a
telephone survey of drivers of vehicles with and without a rear seat
belt warning system that NHTSA conducted in 2015.\197\ The rear warning
systems in those vehicles had characteristics that were similar to the
proposed requirements: a visual warning on start-up and an audio-visual
change-of-status warning. The survey found, among other things, that
81% of drivers of vehicles with a rear seat belt warning were ``very
satisfied'' with the system; less than 2% were dissatisfied. Among
drivers of vehicles without a rear seat belt warning, attitudes towards
rear belt warnings were generally positive as well: a majority (55%)
indicated that it was important to them that their next vehicle be
equipped with a rear belt warning system.
---------------------------------------------------------------------------
\195\ Transportation Research Board Study at 75-76.
\196\ Id. at pg. 10.
\197\ Paul Schroeder & Melanie Wilbur, Survey of Principal
Drivers of Vehicles with a Rear Seat Belt Reminder System.
Washington, DC: National Highway Traffic Safety Administration
(2015). The vehicles with seat belt warning systems were Volvos and
certain Cadillac and Chevrolet models.
---------------------------------------------------------------------------
Comments
Several commenters believed that consumers would accept rear seat
belt warnings. Commenters said that NHTSA's research shows that a large
proportion of the consumer population will accept rear seat belt
warnings and it noted that at the time of the interlock issue in the
1970s, seat belt use rates were much lower than today, and a larger
proportion of the population were hard-core nonusers. A commenter
stated that its survey of 2,000 drivers showed that 70 percent favored
a law requiring seat belt reminders that continuously chime until the
seat belt is buckled, including rear seat passengers.\198\ Another
commenter noted a 2012 IIHS survey showing that most motorists
supported enhanced belt reminders that were ``more persistent and
intense'' than what most automakers offered at the time.\199\ The
commenter also noted the results of NHTSA's 2015 survey. Another
commenter said that IIHS has found that the majority of drivers in the
U.S. who transport passengers would accept a rear seat belt reminder
system.\200\ This study found that parents believed an audible alert to
be especially useful in alerting the driver to a child unbuckling in
the back seat during a trip. A commenter suggested that consumers would
accept R16-conforming systems.
---------------------------------------------------------------------------
\198\ Citing www.norc.org/Research/Projects/Pages/underutilized-strategies-in-traffic-safety-results-of-a-nationally-representative-survey.aspx (last accessed Oct. 25, 2021).
\199\ Citing Highway Loss Data Inst., Ins. Inst. for Highway
Safety, Unbelted: Adults Admit They Often Skip Belts in Rear Seat,
52 Status Rep. 1, 3 (Aug. 3, 2017), available at www.iihs.org/api/datastoredocument/status-report/pdf/52/5 (last accessed Oct. 25,
2021).
\200\ Citing David G. Kidd & Anne T. McCartt (2014) Drivers'
Attitudes Toward Front or Rear Child Passenger Belt Use and Seat
Belt Reminders at These Seating Positions, Traffic Injury
Prevention, 15:3, 278-286, DOI: 10.1080/15389588.2013.810333.
---------------------------------------------------------------------------
One commenter said that further studies are necessary because there
is insufficient data on consumer acceptance.
Agency Response
NHTSA has tentatively concluded that the proposed warning system
would be acceptable to consumers in light of the specific
characteristics of the proposed warning signals, real-world experience
with seat belt reminder systems, and research and consumer surveys by
NHTSA and others.
We believe that the proposed requirements are specified so that the
potential for consumer disapproval is minimized. Our intent was to
specify minimum warning requirements that would result in an effective
yet acceptable warning. With respect to the warning on start-up, we
propose requiring only a visual warning, and not a more intrusive
audible alert. The 60-second duration is comparable to the visual rear
seat belt warnings provided by currently deployed systems. For example,
the visual rear belt warning in some MY2022 vehicles lasts for at least
60 seconds.\201\ The change-of-status warning would involve an audio-
visual alert lasting at least 30 seconds. While most vehicle models
currently available in the U.S. with rear seat belt warning systems
have a change-of-status warning that meets this 30-second minimum
duration, we are aware of two available models that exceed this
duration for the rear change-of-status warning. False positives would
also be minimized because the positive-only compliance option only
necessitates a buckle sensor, not occupant detection, which is more
prone to false positives.
---------------------------------------------------------------------------
\201\ We identified three manufacturers that produce vehicles
with visual warnings that last for at least 60 seconds. One
manufacturer provides vehicles where the visual warning stays active
until the belt is fastened.
---------------------------------------------------------------------------
Recent field experience also suggests that consumers would accept
the proposed requirements. As noted earlier, an increasing number of
vehicles sold in the United States have rear seat belt warning systems;
based on 2022 Purchasing with Safety in Mind: What to Look For When
Buying a Vehicle information, 46.9% of the total vehicle projected
sales are equipped with rear SBWS.\202\ Moreover, in connection with
the 2010 RFC, GM commented that it has not received any complaints
about its rear seat belt warning system in either the United States or
Europe,\203\ and Volvo indicated that it had found a high level of
acceptance for its system.\204\ In addition to this, many OEMs have
implemented enhanced seat belt warnings for the front outboard seats
over the past two decades. Consumers' acceptance of these warnings also
suggests that they would accept warnings for the rear seats.
---------------------------------------------------------------------------
\202\ In the ANPRM it was 13% based on MY2019 vehicle data.
\203\ See Docket No. NHTSA-2010-0061 (GM comment).
\204\ See Docket No. NHTSA-2010-0061 (Volvo comment).
---------------------------------------------------------------------------
Finally, in addition to the research noted in the ANPRM we note the
studies cited by the commenters that support our tentative conclusion
that consumers would accept the proposed warnings. In 2012, IIHS
conducted a national telephone survey of drivers and passengers about
seat belt use. Using this survey data, it proceeded to conduct several
studies.
One study, cited by the commenters, was on the attitudes towards
seat belt use and in-vehicle technologies for encouraging seat belt
use.\205\ All respondents were asked questions regarding their belt use
habits and perceptions of different types of seat belt interlocks.
Part-time belt users and nonusers were additionally questioned about
different types of reminders and reminder strategies. The survey found
that enhanced reminders are more acceptable than seat belt interlocks
and are viewed as having the potential to be as effective as interlocks
if sufficiently persistent. A larger proportion of part-time belt users
and nonusers said they would be more likely to buckle up in response to
auditory and haptic reminders than visual reminders. More
[[Page 61706]]
than two-thirds of part-time belt users and at least one-third of
nonusers said they would be more likely to buckle up in response to
seat belt reminders that become more intense or continue indefinitely;
these reminders would be acceptable to about half of part-time belt
users and around one-fifth of nonusers.
---------------------------------------------------------------------------
\205\ Kidd, McCartt, & Oesch. Attitudes Towards Seat Belt Use
and In-Vehicle Technologies for Encouraging Belt Use. Insurance
Institute for Highway Safety. January 2013. The study over-sampled
part-time belt users and nonusers.
---------------------------------------------------------------------------
Another study cited by the commenters used the same survey that
also collected information about drivers' attitudes towards passenger
belt use and belt reminders for front passengers and children in back
seats.\206\ This study used the 477 respondents (of the 1,218 total
surveyed) that were drivers who transport a front-seat passenger at
least once a week and 254 were drivers who transport an 8- to 15-year-
old child in the back seat. The respondents were asked about their
attitudes toward seat belt use by their front passengers or rear child
passengers and preferences for different passenger belt reminder
features. The study found that nearly every driver who transports
children in the back seat would encourage their belt use, regardless of
the driver's belt use habits. Most drivers who transport front
passengers wanted passenger seat belt reminders to encourage passengers
to buckle up. As far as signal characteristics, the study found that
front and rear passenger reminder signals that last indefinitely would
be acceptable to most drivers who transport these passengers, and that
an audible alert may be especially useful to alert drivers to children
unbuckling in the rear seat during a trip.
---------------------------------------------------------------------------
\206\ Kidd, D.G. and McCartt, A.T. 2013. Drivers' attitudes
toward front or rear child passenger belt use and seat belt
reminders at these seating positions. Insurance Institute for
Highway Safety, January 2013.
---------------------------------------------------------------------------
We therefore tentatively conclude that consumers would accept the
proposed warnings. NHTSA recognizes that there is some proportion of
the public that may not desire a rear belt warning system.\207\
However, based on extensive research by NHTSA and others, we agree with
commenters that consumers are more accepting of seat belt warnings now
than in the 1970s.\208\ We are also mindful of Congress's repeal of the
duration limitation on the audible warning for the driver's seat belt,
as well as its directive to NHTSA to initiate a rulemaking for rear
seat belt use systems. We believe this likewise suggests that the
public would be amenable to appropriately specified warnings. NHTSA
welcomes public comment on this issue.
---------------------------------------------------------------------------
\207\ For example, in NHTSA 2015 phone survey, for drivers of
vehicles without a rear belt warning, 23% found their vehicle's seat
belt warning (i.e., for the front outboard passenger seats)
annoying, and 16% would not need or want a seat belt warning system
in their vehicle.
\208\ See also, e.g., Highway Loss Data Inst., Ins. Inst. for
Highway Safety, Unbelted: Adults Admit They Often Skip Belts in Rear
Seat, 52 Status Rep. 1, 3 (Aug. 3, 2017) (indicating that most rear
belt nonusers are not hard-core nonusers).
---------------------------------------------------------------------------
G. Technological and Economic Feasibility
The ANPRM sought comment on the technological and economic
feasibility of rear belt warning systems.
Comments
Several commenters stated that rear warnings are technically
feasible. Four commenters stated that rear warning requirements in
foreign markets show that such systems are technically feasible and
available. Two commenters also noted that rear reminders are already
available in a number of makes and models in the United States, with a
commenter noting that Volvo has been offering such a system in the
United States since 2009.
A commenter said that because technological complexity and cost
will depend on the specifics of the particular system, NHTSA should
provide OEMs flexibility by establishing baseline performance
requirements with compliance options that would allow for more advanced
system characteristics.
Another commenter stated that buses present challenges for a rear
seat belt warning system with respect to the number of passengers and
harshness of the interior environment. The commenter also said that it
would be difficult integrating a passenger seat system with rear seat
belt warnings that are the same as the OEM driver and copilot warning
system, so that the warnings may not match. The commenter said that
there are seat belt warning systems being developed that utilize
wireless technology and such a system would be less complex than a
wired electrical connection system. The limitation of a wireless system
is the battery life, and more system features such as individual
passenger alerts would reduce battery life further. However, a battery-
operated wireless system would be much simpler for large vehicles with
many passengers, as it would reduce the need for complex wiring
systems. Another commenter believed that larger vehicles with many rear
designated seating positions could present technical challenges,
including the ability of a system to differentiate between objects that
might be placed on seats and actual passengers of various weights and
sizes.
Agency Response
NHTSA has tentatively concluded that the proposed requirements are
technologically and economically practicable.\209\ Based on 2022
Purchasing with Safety in Mind: What to Look For When Buying a Vehicle
information, 46.9% of the total U.S. vehicle projected sales are
equipped with rear seat belt warning systems. For vehicles that do not
already incorporate a rear seat belt warning system, the positive-only
compliance option would require seat belt sensors, wiring, and display
adjustments. All of this technology is readily available. The seat belt
latch sensors that would be needed for all three systems are already
used by many manufacturers to comply with the existing driver seat belt
requirements. Occupant detection might present technological challenges
but would not be necessary for a positive-only warning system. As we
explain in more detail in Section XIV, Overview of Costs and Benefits,
we estimate that the minimum cost to comply with the rear seat belt
warning requirements (the positive-only system) would be $167.8
million. This is based on a per-vehicle cost of $19.59 for 53.1% of 16M
affected new vehicles. As explained later, our preliminary regulatory
impact analysis indicates that the proposed requirements are cost-
beneficial across a range of discount rates and reasonable
effectiveness estimates.
---------------------------------------------------------------------------
\209\ See also Section XIV, Overview of Benefits and Costs.
---------------------------------------------------------------------------
As we noted in the ANPRM, implementing a visual warning may require
physical redesign of the instrument panel. Such redesign would have to
take into account visibility, interaction with existing signals and
displays, available space on the instrument panel, and effectiveness,
as well as other factors. In some instances, a visual signal might be
displayed as a telltale on the instrument panel or on the vehicle's
information display screen. Manufacturers would also have to determine
whether driver and rear passenger seat belt warning visual signals
would be treated the same.
We also recognize that vehicles with many rear designated seating
positions may present some challenges, but we have tentatively
concluded that they should be subject to the proposed requirements
(with the exception of school buses) because those vehicles would be at
least as likely, if not more likely, to have rear occupants. In
addition, multiple rear seats may increase the difficulty of the driver
in ascertaining rear seat belt use, so a warning could prove especially
useful
[[Page 61707]]
in these vehicles. We also recognize the intent of the MAP-21
requirements in improving protection for rear occupants, and given the
proven benefits of seat belts, believe the warning should be broadly
applied. Our main motivation for including small buses is to capture
large capacity passenger vans; these vehicles might utilize the option
of a warning that indicates the number of seat belts fastened. However,
we do seek comment on whether it would be appropriate to exclude
additional vehicle types.
Overall, we believe that the proposed compliance options would
provide manufacturers with the flexibility to innovate and develop new
technologies, while also ensuring a minimum level of safety. We seek
comments on the practicability of the proposed compliance options.
XI. Warning Requirements for Front Outboard Seats
We propose several changes and enhancements to the seat belt
warning requirements for the front outboard seats. There are three main
changes we are proposing.
First, we are proposing a requirement for an audio-visual warning
on vehicle start-up for the front outboard passenger seat. Currently,
the standard requires a short duration (4-60 seconds, depending on the
compliance option) audio-visual seat belt warning on vehicle start-up
for the driver's seat belt for most vehicles with a GVWR under 10,000
lb (excluding medium-sized buses), but not for any other front seats.
The vast majority of the vehicles being sold today (approximately 96.6%
of the fleet, according to information submitted by vehicle
manufacturers to NHTSA for NCAP in MY 2022) already provide a seat belt
warning for the front outboard passenger seat. We propose to require a
seat belt warning for this seat to ensure that all vehicles have this
important safety feature.
Second, we propose to close the current gap for a driver's seat
belt warning in medium-sized buses. We are unaware of any such buses
that do not already provide a driver's seat belt warning; requiring
this would ensure that they continue to have a driver seat belt warning
in the future.
Third, we propose several changes to the current requirements for
the audio-visual warning signal that currently apply to the driver's
seat that would also apply to the front outboard passenger seat. The
most notable of these is that we propose to require that the audio-
visual warning on vehicle start-up last until the belts at any occupied
front outboard seats are fastened, and a change-of-status warning for
any front outboard seat that would also last until the seat belt is
refastened (unless a front door is open).
These proposals are explained in more detail below.
A. Seat Belt Warning for Front Outboard Passenger Seat
This document proposes to require an audio-visual seat belt warning
for any front outboard passenger seat.\210\ FMVSS No. 208 currently
requires an audio-visual seat belt warning for the driver's seat in
passenger cars and trucks, buses, and MPVs with a GVWR of 4,536 kg
(10,000 lb) or less, except for buses with a GVWR greater than 3,855 kg
(8,500 lb) and less than or equal to 4,536 kg (10,000 lb). NHTSA's
regulations currently do not require seat belt warnings for any seating
position other than the driver's seat.\211\ Although the ANPRM did not
discuss extending the seat belt warning requirements to any front
passenger seats, two commenters recommended that NHTSA amend FMVSS No.
208 to require a seat belt warning for all front seats, and another
commenter recommended adopting the ECE R16 requirements for front
outboard seating positions. ECE R16 requires an audio-visual seat belt
warning for the front outboard passenger seat.\212\
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\210\ In Section XIII.C we discuss the potential for more than
one front outboard passenger seat in ADS-equipped vehicles.
\211\ See, e.g., Interpretation Letter from NHTSA to R. Lucki,
July 24, 1985 (``Thus, the intent was to require a warning system
for only the driver's position.'').
\212\ Section 8.4.1.1.
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We believe there is good reason to do so, as the reasons for
ensuring the driver is buckled apply equally to front outboard
passenger. About 10.4% of right-front passengers do not always fasten
the belt \213\ and unbelted occupants are overrepresented in fatal
crashes. The lack of a seat belt warning requirement for the front
outboard passenger seat dates to the 1970s, when seat belt use rates
were much lower and seat belt warnings were not as acceptable to
consumers as they are today. Further, almost all (96.6%) vehicles
offered for sale in the U.S. that participate in the NCAP information
request are already equipped with a seat belt warning at this position,
so requiring such a warning would ensure that all vehicles be equipped
with a seat belt warning at this position.
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\213\ National Center for Statistics and Analysis. (2021,
February). Seat belt use in 2020--Overall results (Traffic Safety
Facts Research Note. Report No. DOT HS 813 072). National Highway
Traffic Safety Administration.
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We are proposing an audio-visual warning on vehicle start-up
because research by NHTSA and others suggests that seat belt warnings
that use an audio-visual signal are more effective than visual warnings
alone. In addition, the potential technological, consumer acceptance,
and cost issues associated with requiring an audible warning for a rear
seat belt warning do not apply to an audible warning for the front
outboard passenger seat because, although the audible warning would
entail use of occupant detection technology, most vehicles are already
equipped with both an audible seat belt warning and occupant detection
for the front outboard passenger seat. This proposal would not require
that the audible warning be specific to either the driver or front
outboard passenger seat; therefore, manufacturers could utilize the
same audible warning for both seats as is done with some of the
existing front belt warning systems.
The proposed front outboard passenger seat requirements would apply
to all the vehicles to which the proposed rear belt warning
requirements would apply: all front outboard designated seating
positions in passenger cars, and all front outboard designated seating
positions certified to a compliance option requiring seat belts in
trucks, MPVs, and buses with a GVWR of 4,536 kg (10,000 lb) or
less.\214\ We have tentatively decided not to extend the seat belt
warning requirements to front center seats because our preliminary
regulatory impact analysis found that a system for the front center
seat without occupant detection would provide limited benefit due to
the low occupancy of the front center seat and the limited number of
vehicles in the fleet with a front center seat. See Section XIII,
Regulatory Alternatives, and the PRIA for a more detailed analysis.
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\214\ There are some compliance options for certain trucks and
MPVs that permit passive protection in lieu of seat belts at the
front outboard seating positions. See S4.2.3 (compliance options for
trucks and MPVs weighing between 8,500-10,000 lb); S4.2.6 & S4.2.1.1
(compliance options for walk-in van-type trucks and vehicles
designed to be sold exclusively to the U.S. Postal Service 8,500 lb
and less).
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Occupant Detection
Because we are proposing an audio-visual warning, we are also
proposing to require that any front outboard passenger seat be equipped
with an occupant detection system; an audio-visual warning is typically
only appropriate for occupied seats because having an audible warning
activate for an unoccupied seat could be a nuisance
[[Page 61708]]
for the occupants and might desensitize them to the warning or lead
them to circumvent the system. Requiring occupant detection is
consistent with Euro NCAP, which requires occupant detection for the
front passenger seat belt warning. In the United States, occupant
detection is already widely deployed in the front outboard passenger
seat, either as part of an advanced air bag system, or as part of a
voluntary seat belt warning system.\215\ Based on compliance and
consumer information data submitted to NHTSA by vehicle manufacturers,
NHTSA is not aware of any vehicles to which the proposed requirements
would apply that are not already equipped with occupant detection for
this seating position. This demonstrates that the technology is
feasible and that an occupant detection requirement would not result in
any additional costs.\216\ It would also ensure that vehicles produced
in the future would be equipped with the technology.
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\215\ Occupant detection is utilized by the advanced air bags to
properly classify the occupant in the seat (e.g., child, adult,
small-statured adult) so that the advanced frontal air bag systems
can determine if and with what level of power the front air bag will
inflate. We also believe that occupant detection is voluntarily used
in the front passenger seat to avoid having an audible seat belt
warning activate for an unoccupied seat.
\216\ Occupant detection systems are less challenging for the
front outboard passenger seat than for the rear seats because the
front outboard passenger seat is not typically subject to as many of
the potential complications to occupant detection (such as large
occupants spanning multiple seating positions). There may be
infrequent situations where occupant detection sensors may
incorrectly register the presence of an occupant when the seat is
unoccupied (e.g., mistaking cargo for an occupant). However, if
cargo placed on the seat causes a false occupant detection reading
and inadvertent activation of the front passenger seat belt warning
signal, the driver can readily discern it is a false reading and can
easily either place the cargo on the floor or fasten the seat belt
to disable the signal.
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We propose that the warning system consider this seating position
``occupied'' when an occupant who weighs at least 46.7 kg (103 lb) and
is at least 139.7 cm (55 in) tall is seated in the seat. These values
are the weight and height criteria currently specified in FMVSS No. 208
(S29.1(f)) for a person who is used as an alternative for the 5th
percentile adult female test dummy for compliance testing of advanced
air bag systems utilizing static suppression. These criteria are
consistent with the agency's recommendation on not transporting
children in the front seat, as well as Euro NCAP and the ECE R16 test
procedures. As described below, in connection with the proposed test
procedures (Section XII.B, Test Procedures), the agency would use
either a person or test dummy meeting these criteria.
B. Driver's Seat Belt Warning for Medium-Sized Buses
FMVSS No. 208 currently does not require buses with a GVWR greater
than 3,855 kg (8,500 lb) and less than or equal to 4,536 kg (10,000
lb), or with a GVWR less than or equal to 3,855 kg (8,500 lb) and an
unloaded weight greater than 2,495 kg (5,500 lb), to be equipped with a
driver seat belt warning. We are proposing to amend FMVSS No. 208 to
close this loophole.
We are unaware of any such buses that do not already have a driver
seat belt warning that meets or surpasses the warning specified in
FMVSS No. 208. Accordingly, we believe this requirement would have
minimal, if any, costs or benefits. Requiring a driver seat belt
warning for these buses would ensure that they continue to have a
driver seat belt warning in the future. We invite comments on this
proposal and these assumptions.
C. Amendments to the Current Warning Signal Requirements
The current driver's seat belt warning requirements provide
manufacturers with two compliance options.\217\ The first option
requires that if the key is in the ``on'' or ``start'' position and the
seat belt is not in use, the vehicle must provide a visual warning for
at least 60 seconds, and an audible warning that lasts 4 to 8 seconds.
Under the second option, when the key is turned to the ``on'' or
``start'' position, the vehicle must provide a visual warning for 4 to
8 seconds (regardless of whether the driver seat belt is fastened) and
an audible warning lasting 4 to 8 seconds if the driver seat belt is
not in use.
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\217\ S7.3.
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We propose to modify these requirements in three main ways. First,
we propose a single compliance option that requires a start-of-trip
audio-visual warning that lasts until the seat belt at any occupied
front outboard seat is fastened. Second, we propose to require an
audio-visual change-of-status warning if a buckled belt at either of
these seating positions is unfastened in the middle of a trip. Third,
we propose some additional requirements for the audible warning related
to increasing the duration (for example, specifying a minimum 0.20 duty
cycle for the audible warning); however, we generally do not propose
requirements beyond what is currently in the standard related to other
aspects of the warning. These proposals are explained in more detail
below.
1. Increasing the Duration of the Audio-Visual Warning on Vehicle
Start-Up
The current eight-second limitation on the duration of the audible
warning was based on a statutory restriction, enacted in 1974, that
limited the length of the audible warning. MAP-21 repealed this
limitation. In light of MAP-21's repeal of the 8-second limitation, the
ANPRM sought comment on removing the corresponding limitation in FMVSS
No. 208.
Comments
Several commenters supported removing this restriction. One
commenter said that removing it would provide manufacturers with
greater regulatory certainty in deploying enhanced seat belt reminders,
although, the commenter stated, there needs to be an upper bound on the
duration of the required warning to ensure an objective and repeatable
test for the purposes of vehicle certification. The commenter
recommended maintaining the current 4- to 8-second warning thresholds
defined in table 4 of the FMVSS No. 208 laboratory test
procedures.\218\ Another commenter encouraged NHTSA to allow enhanced
seat belt reminder systems as a compliance option, possibly in lieu of
the currently required 4 to 8 second alarm. A commenter recommended
increasing the minimum duration for the audible warning to at least 90
seconds because the current audible signal duration upper limit is
ineffective for increasing seat belt use (and cited studies to support
this recommendation). Related to this, a commenter stated that a survey
of 2,000 drivers it commissioned showed that 70 percent favored a law
requiring seat belt reminders that continuously chime until the seat
belt is buckled, including rear seat passengers,\219\ and a commenter
noted a 2012 IIHS survey showing that most motorists supported enhanced
belt reminders that were ``more persistent and intense'' than what most
automakers offered at the time.\220\
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\218\ The laboratory procedures are not part the regulatory
text. Published separately by NHTSA's Office of Vehicle Safety
Compliance, they are intended to provide laboratories contracted by
NHTSA with additional guidelines for obtaining compliance test data.
\219\ Citing www.norc.org/Research/Projects/Pages/underutilized-strategies-in-traffic-safety-results-of-a-nationally-representative-survey.aspx (last accessed Oct. 25, 2021).
\220\ Citing Highway Loss Data Inst., Ins. Inst. for Highway
Safety, Unbelted: Adults Admit They Often Skip Belts in Rear Seat,
52 STATUS REP. 1, 3 (Aug. 3, 2017), available at www.iihs.org/api/datastoredocument/status-report/pdf/52/5 (last accessed Oct. 25,
2021).
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On the other hand, a commenter recommended that NHTSA incorporate
[[Page 61709]]
the Euro NCAP enhanced seat belt reminder requirements in the U.S. NCAP
program if the agency wants to encourage enhanced seat belt reminders
that provide driver warnings beyond 8-seconds.
A commenter recommended that the front and rear requirements be
consistent with respect to the required duration of the audible
warning.
Agency Response
NHTSA has tentatively decided to increase the required duration for
the audio-visual warning provided on vehicle start-up to occupants of
the front outboard seats. The extremely short duration currently
required for the driver's seat belt warning--which originated in the
early 1970s--is outdated.\221\ It was premised on the since-repealed
eight-second statutory limitation on the audible warning duration,
then-existing low seat belt use rates, and consumer resistance to
enhanced warnings, and the related lack of such warnings in most
vehicles. These circumstances no longer hold. There are several
respects in which the current requirements are therefore not relevant
to today's market.
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\221\ What is now the second compliance option (S7.3(a)(2)) was
added to the standard in 1974, and what is now the first compliance
option (S7.3(a)(1)) was added to the standard in 1991. See 39 FR
42692 (Dec. 6, 1974); 56 FR 3222 (Jan. 29, 1991). The second (and
original) compliance option requires an ``advisory'' visual warning
that is required to activate regardless of whether the seat belt is
buckled; the purpose for this, as NHTSA explained in 1974, was so
the ``reminder would remain effective even if the belt were disabled
to silence the audible warning.'' 39 FR 42692. (A later rulemaking
preamble also suggested that this would serve to remind other
occupants to buckle their belts. 56 FR 3222.) The 4- to 8-second
duration was selected ``because an irritating light can be easily
ignored or disabled, a visual signal can effectively serve only a
reminder function, and as such, it should be as simple as possible.
The NHTSA concludes that a 4- to 8-second reminder is best
calculated to accomplish the advisory function.'' 39 FR 42692. The
first compliance option was added in response to a petition for
rulemaking from General Motors to allow manufacturers to use a
safety belt warning system meeting the requirements for automatic
safety belt warning systems as an alternative to the warning system
that was specified for manual belt systems.
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First, the existing requirements are significantly exceeded by the
warnings provided in current vehicles. Although NHTSA did not
previously have the authority to require a seat belt warning with an
audible signal lasting more than 8 seconds, starting in at least the
early 2000s, manufacturers voluntarily began providing enhanced audio-
visual warnings exceeding the FMVSS No. 208-minimum durations.\222\ In
order to get a better sense of the warning durations in currently sold
vehicles, NHTSA analyzed data on the seat belt warning durations for MY
2022 vehicle models provided to the agency by vehicle manufacturers for
NCAP; this data covers most vehicles offered for sale in the U.S. for
MY 2022 with a GVWR of 4,536 kg (10,000 lbs.) or less.\223\ In total,
we received seat belt duration information on over 500 different
vehicle models.\224\ For each vehicle model, we looked at the warning
durations for the visual and audible warnings for the driver and front
outboard passengers seat belts, as well as the reported projected sales
for that model as a proportion of the total projected sales for all of
the vehicle models for which data was provided to NHTSA. We then
tabulated this data to determine how warning durations were distributed
across the new vehicle fleet. Specifically, we divided the range of
warning durations provided--ranging from six seconds to indefinitely
long--into intervals. For each interval, we summed up the projected
vehicle sales of all the vehicle models providing a warning with a
duration falling within that interval and divided that sum by the total
projected sales of all vehicle models. In general, we found that
roughly half of new light vehicles provide a visual warning that lasts
until the belt is fastened and an audible warning that lasts at least
two minutes (120 sec). In the discussion later, we discuss this data in
more detail. We also looked at the warning durations provided in new
vehicles tabulated by vehicle model instead of projected sales. The
results are generally the same, although there are some differences
compared to the vehicle sales analysis presented here. These data and
results are presented in appendix A.
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\222\ See Section III, Regulatory and Legislative History.
Similarly, an advisory warning for other seating positions is not
necessary because if the proposal is adopted the front outboard
passenger seat and the rear seats would have warnings specifically
for those seats.
\223\ See supra note 38.
\224\ Specifically, we received information on driver visual
warning duration for 599 models for; driver audible warning duration
for 599 models; front outboard passenger visual warning duration for
564 models; and front outboard passenger audible warning duration
for 558 models. The number of models differs because some models for
which a vehicle manufacturer submitted information did not include
complete information on the front outboard seat belt warnings and
some vehicles are not equipped with a front passenger seat belt
warning system.
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With respect to the driver visual warning, the majority of new
vehicles--over 60% as a percentage of total projected sales volume--
have a warning that lasts until the belt is fastened (Figure 3). The
remainder of the fleet is about equally divided between a 5-minute (300
second) visual warning and a visual warning lasting at least 1.5
minutes, but less than 2 minutes (90-119 seconds).\225\ Less than 2% of
the fleet has a warning lasting less than 1.5 minutes (90 sec). The
results for the front outboard passenger visual warning are essentially
the same as for the driver seat belt visual warning. See Figure 4.
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\225\ The 300-329 second interval consists of vehicles from just
one manufacturer, all of which have a 300-second reminder. The 90-
119 second interval includes a variety of different-make vehicle
models with different reminder durations.
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[[Page 61710]]
[GRAPHIC] [TIFF OMITTED] TP07SE23.002
With respect to the driver audible warning, all of the vehicles for
which NHTSA had data have an audible warning lasting longer than the
regulatory minimum of 4 seconds. A small number of vehicles (about 1%
as a share of total projected sales volume) have an audible warning
that last six or eight seconds.\226\ See Figure 5. Thus, a very small
proportion of the current vehicle fleet provide the very low-duration
audible warning currently required by FMVSS No. 208.
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\226\ For the driver audible warning, the 0-29 second interval
consists of a number of different vehicle makes, all of which
provide either a six or eight-second warning.
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Instead, almost all new vehicles provide a driver audible warning
that significantly exceeds the current minimum. Overall, about 99% of
vehicles (by share of total projected sales volume) provide an audible
warning that lasts at least 30 seconds, and about 92% of vehicles
provide an audible warning that lasts at least 1.5 min (90+ sec). See
Figure 6. About half of the fleet (47%) provide an audible warning that
lasts two minutes or more (120+ s). Of the vehicles that provide an
audible warning with a finite length, the sales-weighted mean is 2.9
minutes (174 seconds) and the median is 1.7 minutes (100 seconds).
[GRAPHIC] [TIFF OMITTED] TP07SE23.003
[[Page 61711]]
Turning to the specific durations provided for the driver audible
seat belt warning, about half of new vehicles (45.5% as a share of
total projected sales volume) provide a warning that lasts 90-to-119 s
(1.5 s-1.98 s).\227\ See Figure 5. The longest-duration audible
warnings, provided by two vehicle manufacturers, last until the belt
has been buckled (accounting for about 8% of new vehicles sold). The
longest limited-duration audible warnings, lasting 5 and 8 minutes (300
and 480 seconds) are provided by two manufacturers (about 22% of new
vehicles).\228\ The other duration that is used in a non-trivial share
of new vehicles is from 4 min-4.5 min (240 s-269 s) (about 12% of new
vehicles).\229\ The corresponding analysis for the front outboard
passenger seat belt warning is very similar.\230\ See Figure 7 and
Figure 8.
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\227\ 90, 96, 100, and 108 seconds are the most used durations
in that range, but there are other durations too. 100 seconds is the
most used.
\228\ The only warning duration provided in the 300-329 sec
interval is 300 sec.
\229\ Specifically, these are all on vehicles from one
manufacturer, which provide an audible warning lasting 261 s.
\230\ The sale-weighted mean for the front passenger audible
warning is 176.57 and the median is 96.
[GRAPHIC] [TIFF OMITTED] TP07SE23.004
Second, we tentatively agree with IIHS that the current audible
signal duration upper limit of eight seconds is ineffective for
increasing seat belt use. From the vehicle survey data presented here,
it is clearly not a factor affecting vehicle design. As discussed
earlier in this preamble, front seat belt use rates have plateaued in
recent years so that about 10% of front-row occupants do not always use
a seat belt. Coupled with this, we note that approximately 83-89% of
nonusers are part-time nonusers who would be open to using a belt.\231\
Although research may not yet have firmly established which exact
system specifications are optimal,\232\ research by NHTSA and others
suggests that audio-visual warnings are more effective than visual
warnings alone and that longer duration warnings are more effective
than shorter duration warnings.\233\ NHTSA's earlier research estimated
that an enhanced reminder, on average, increased seat belt use three to
four percentage points compared to the basic reminder currently
required by FMVSS No. 208. IIHS in its comment cited recent research it
had conducted that evaluated the effectiveness of three different
driver's seat belt reminders. All of the reminders had a visual warning
that persisted until the seat belt was fastened but had audible
reminders of varying duration. The research found that, compared to a
short intermittent audible reminder (specifically, three intermittent
7-second audible reminders), an audible reminder with an indefinite
duration increased seat belt use by 34%, and an audible reminder with a
100-second duration increased seat belt use by 30%. However, we note
that more than 90% of MY 2022 vehicles already have audible warnings of
at least 90 seconds, but only about 8% have an indefinite reminder. For
more information on these effectiveness estimates, see Section XIV,
Costs and Benefits.
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\231\ It also might be the case that so-called ``hard-core''
nonusers, who comprise about 11-17% of nonusers, would use the belt
if the reminder were sufficiently annoying, although, for the
purposes of our effectiveness (and benefits) analysis, we
conservatively assume that the increase in belt use would be due
entirely to part-time nonusers.
\232\ DOT 2009 Belt Warning Study, p. 1 (``Although improvements
in seat belt use rates appear to result from ESBRs, there is not yet
good evidence concerning what works best and why a given system may
influence occupant behavior.'').
\233\ See, e.g., DOT 2009 Belt warning Study, pp. 8, 46-49. See
also David G. Kidd & Jeremiah Singer, The effects of persistent
audible seat belt reminders and a speed-limiting interlock on the
seat belt use of drivers who do not always use a seat belt.
Insurance Institute for Highway Safety (2019) (``Persistent enhanced
reminders with longer-lasting or more frequent auditory chimes have
been found to be more effective for increasing seat belt use.'')
(citing NHTSA research).
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Third, we tentatively believe that contemporary consumers would
accept a longer warning. As we discussed earlier in this preamble, in
the early 1970s, NHTSA faced consumer backlash when it required long-
lasting seat belt warnings. However, consumer behavior and attitudes
have changed since then--seat belt use is more widespread, and
opposition to using a seat belt is much less prevalent than it was in
the 1970s. This is evidenced by MAP-21's repeal of the eight-second
audible seat belt warning limitation, and by the fact that almost all
light vehicles sold in the U.S. now feature relatively long duration
visual and audible warnings for the front outboard seats. Research by
NHTSA and others suggests that
[[Page 61712]]
consumers would potentially accept an appreciably longer duration
warning. As we noted above in connection with the rear seat belt
warning (Section X.F, Consumer Acceptance), NHTSA's research suggests
that part-time belt users are receptive to seat belt warning
technologies, including front seat belt warnings. Furthermore, more
recent research by others suggests support for more persistent
reminders. IIHS's research has found that, while public acceptance of
intense reminders was a concern, seat belt reminders that become more
intense or continue indefinitely would be acceptable to about half of
part-time belt users and around one-fifth of nonusers.\234\ Another
IIHS study found that, while its data was subject to some limitations,
``most drivers who transport front passengers wanted . . . reminders
that last indefinitely until the front passenger buckles up,''
``suggest[ing] that stronger front passenger reminders, such as those
meeting Euro NCAP's design requirements, may be acceptable to most
drivers who transport front passengers.'' \235\ We also note the
studies cited by NSC and CAS suggesting strong support for more
persistent--and even indefinitely long--reminders. At the same time, we
do acknowledge that while enhanced warnings are potentially more
effective, they are also more intrusive.\236\ They therefore present
potential consumer acceptance challenges that may reduce their
effectiveness.\237\ NHTSA's earlier research suggests that it may be
challenging to design a warning system with effective yet acceptable
characteristics,\238\ and that no clear consensus exists about which
warning system features are most acceptable.\239\ It also noted that
while it appears that a majority of the general public accepts seat
belt reminders, the data on public acceptance is somewhat limited and
anecdotal, and that resistance by a minority of the public could limit
overall public acceptability.\240\ However, based on the best data
available to us, we tentatively believe that consumers would accept an
audio-visual front seat belt reminder with a significantly longer
duration than the standard currently requires, including an indefinite
duration.
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\234\ Kidd, McCartt, & Oesch. Attitudes Towards Seat Belt Use
and In-Vehicle Technologies for Encouraging Belt Use. Insurance
Institute for Highway Safety. January 2013, pp. 1-3. The study over-
sampled part-time belt users and nonusers. But see p. 3 (``Requiring
all vehicles to have more intense enhanced reminders is a promising
way to increase belt use among part-time belt users, but public
acceptance still is a concern because the characteristics that make
reminders more effective also are the characteristics that make them
more annoying. It is not clear how intense a reminder needs to be to
increase belt use among the remaining part-time belt users and non-
users and what trade-off in annoyance is acceptable.'') (citation
omitted).
\235\ Kidd, D.G. and McCartt, A.T. 2013. Drivers' attitudes
toward front or rear child passenger belt use and seat belt
reminders at these seating positions. Insurance Institute for
Highway Safety, January 2013. But see id. at p. 13 (``Long-lasting,
auditory front passenger reminders might not be acceptable to these
drivers, so it is important to find ways to reduce the potential
annoyance of front passenger reminders without compromising their
effectiveness.'').
\236\ DOT 2009 Belt Warning Study, supra n.36, p. 39 (drivers);
p. 45 (passengers).
\237\ See, e.g., DOT 2009 Seat Belt Study at 54, 58 (while
research to date on front seat systems suggests that features such
as a longer-lasting flashing visual warning might be more effective
than a basic system, some warnings that may be more effective could
also be more annoying to occupants).
\238\ See DOT 2009 Seat Belt Study at 60.
\239\ DOT 2009 Belt Warning Study, p. 8; Schroeder & Wilbur,
supra, p. 33.
\240\ N. Lerner et al. 2007. Acceptability and Potential
Effectiveness of Enhanced Seat Belt Reminder System Features. DOT HS
810 848. Washington, DC: National Highway Traffic Safety
Administration, p. 41-42
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Fourth, the technology necessary to implement such an enhanced
warning is already standard equipment on almost all light vehicles. An
enhanced warning that activates for an unoccupied seat could be a
nuisance that either desensitizes the occupants to the warning, or
leads them to circumvent or defeat the warning. Enhanced warnings
therefore generally need to work in conjunction with an occupant
detection system. This makes light vehicle front outboard seats well-
suited for enhanced warnings, because almost all front outboard seats
are already equipped with occupant classifications systems in order to
comply with the advanced air bag requirements. Seat belt warnings for
the front outboard seats are therefore capable of being activated only
when an unbelted occupant is present, which greatly diminishes the risk
of false warnings. Accordingly, increasing the reminder duration would
entail minimal costs.
Finally, a longer-duration is consistent with seat belt warning
durations required or encouraged in other markets and ratings programs.
ECE R16 requires that for the front seats there be a 30 second visual
warning when the front seat belts are not fastened and the ignition is
activated. It also requires an audio-visual warning that must activate
for at least 30 seconds if the seat belt remains unfastened and
specific onset criteria are met (e.g., distance traveled, speed, etc.).
To prevent unnecessary signals, both ECE R16 and Euro NCAP require that
the system be capable of detecting whether the front passenger seat is
occupied. The Euro NCAP assessment protocol requires a visual signal
that remains active until the seat belt is fastened, and a two-stage
audible signal; the initial audible signal must not exceed 30 seconds
and the final audible signal must be at least 90 seconds. Similar to
Euro NCAP, under the IIHS seat belt reminder system ratings protocol,
the primary audible reminder signal for the front outboard seats must
be at least 90 seconds in total duration in order to obtain an
``acceptable'' or ``good'' rating. Although ECE R16 does not require an
indefinite reminder, such a reminder would comply with that standard,
as they do not contain a maximum length.
We are therefore proposing to increase the minimum duration of the
audio-visual warning for the front outboard seat belts on vehicle
start-up. In developing this proposal, we considered a range of
alternative warning durations. At the upper end of the range is an
indefinite reminder--a reminder that remains activated until the
occupant fastens the seat belt. Short of this are reminders that have
relatively long durations, but do not last indefinitely. Because there
is a large range of durations that could be selected, in order to help
structure the proposal (and aid comment) we considered the following
``buckets'' of reminder durations, based on the front audible warning
durations provided in MY 2022 light vehicles offered for sale in the
U.S. as well as the durations specified in ECE R16, Euro NCAP, and the
IIHS ratings protocol:
Less than thirty seconds (less than required in Europe and
provided in only about 1% of new vehicles offered for sale in the U.S.
in MY 2022);
30 seconds up to but not including 90 seconds (1.5
minutes) (consistent with ECE R16, and provided in about 8% of MY 2022
vehicles in the U.S.);
90 seconds (1.5 minutes) up to but not including 2 minutes
(consistent with Euro NCAP, and provided in about 46% of MY 2022
vehicles in the U.S.);
2 minutes (120 sec) up to (and including) 5 minutes (300
seconds) (the approximate mid-range of the audible warning durations
provided in MY 2022 vehicles in the U.S.);
Greater than 5 minutes (300 sec) but not indefinite (which
includes the longest limited-duration audible warning, 8 minutes (480
sec) (provided in about 8% of new vehicles in the U.S.); and
Indefinite duration (currently adopted by two vehicle
manufacturers, accounting for about 8% of new vehicles in the U.S.).
[[Page 61713]]
We have tentatively decided to propose requiring an audio-visual
reminder that lasts until the belts are fastened at any occupied front
outboard seating position, in light of the increase in roadway
fatalities and the lack of improvement of front seat belt use rates. We
also tentatively believe this is supported by the favorable ratio of
part-time to hard-core seat belt nonusers, surveys indicating a
significant level of acceptance for enhanced seat belt warnings, and
the fact that a non-trivial share of currently sold vehicles have an
indefinite-duration reminder. These vehicles incorporating the
indefinite warning support the practicability of the proposal.
Additionally, the small percentage of market penetration provides the
greatest opportunity for potential benefit (see section XIII). We also
believe that other warning signal characteristics--such as duty cycle,
frequency, volume, or timbre--can be adjusted to balance effectiveness
and consumer acceptance; manufacturers would have the flexibility to
adjust these or other aspects of the warning, within certain limits, as
discussed further below. We do not agree with Global that an upper
bound on the warning duration is necessary for objectivity. The warning
simply would be required to remain active as long as the belt were
unfastened at an occupied seat; NHTSA's compliance test would
necessarily have to stop at some point, but NHTSA could make the test
time as long as it wanted and manufacturers would have to certify that
the warning would be indefinite.
NHTSA seeks comment on this proposal. If opposed to an indefinite
warning, what data support limiting its duration? If NHTSA were to
instead require an enhanced but limited-duration warning, how long
should the warning be? We also seek comment from manufacturers (and
others) about the basis for the warning durations provided in current
vehicles, particularly the warnings that exceed the Euro NCAP duration
(90 sec); for example, the basis for the 5-minute warning, or the 8-
minute warning, or the indefinite warning. We also seek comment on the
effectiveness and consumer acceptance of the proposed and alternative
durations. One reason a shorter duration could be more effective is
that some seat belt nonusers might be more likely to habitually
circumvent an indefinite-duration warning as opposed to a limited-
duration warning. However, such an assumption presupposes there is some
limited duration for which a nonuser would be less likely to
circumvent. What would such a duration be, and would it have a reduced
effectiveness over a longer or indefinite limit such that the benefit
from reduced circumvention was offset by a lower effectiveness? We also
seek any additional data on effectiveness or acceptance, or any
relevant studies that NHTSA has not identified in the preamble or the
PRIA.
We also seek comment on whether the required durations for the
visual and audible components of the warning should be identical or
different (for example, requiring an indefinitely long visual warning
and an audible warning that is of a relatively long, but limited,
duration)? Similarly, should the warning durations for the driver and
passenger differ or be identical? We also recognize that duration is
not the only warning signal characteristic that might increase
effectiveness (and affect acceptance); we seek comment on whether NHTSA
should set minimum performance requirements for other aspects of the
warning (e.g., volume of audible warning and frequency of visual
flashing warning and intermittent audible warning) in lieu of or in
addition to an increase in the warning duration, and the empirical
support for such a choice. We discuss proposed limits and seek comment
on certain parameters related to the audible warning below.
2. Requiring an Audio-Visual Change-of-Status Warning
NHTSA also proposes to require an audio-visual warning whenever the
driver or front outboard passenger seat belt is unfastened during a
trip. Although the driver may be aware that the front outboard
passenger seat belt has been unfastened, we believe a change-of-status
warning may encourage or remind front outboard passengers to refasten
their seat belt. We propose an audio-visual warning consisting of a
continuous or flashing visual warning of icons or text visible to the
driver and any front outboard passenger and a continuous or
intermittent audible signal lasting until the seat belt is refastened.
The warning would be required to activate when the vehicle's ignition
switch is in the ``on'' or ``start'' position, the vehicle's
transmission selector is in a forward or reverse gear, and the driver
and or front outboard passenger seat belt status changes from in use to
not in use. However, similar to the Euro NCAP protocol requirements, if
the change-of-status occurs and a front door on the same side of the
vehicle as the belt triggering the warning is open, the system can
consider that the start of a new trip. The proposed indefinite duration
is longer than the minimum 30-second duration proposed for the rear
seat belt change-of-status warning. We tentatively believe a longer
duration for the front seat belt warning is justified because it does
not pose the same potential for driver distraction as it does for the
rear seat belt warning. Additionally, if the change-of-status is
finite, this would essentially provide a method of circumventing the
indefinite startup warning, i.e., an occupant could be buckled at
startup, but then unbuckle during the trip and only receive a fixed
duration warning.
ECE R16 essentially requires the same change-of-status warning
requirements for the front and rear seats (the duration is generally
about 30 seconds unless the belt is fastened sooner), so the reader is
referred to the discussion of the change-of-status warning in
connection with the rear seat belt warning proposal (Section X.C.2).
Euro NCAP specifies that the change-of-status warning must essentially
meet the requirements of the initial warning, but those requirements
are different for the front and rear seats. Again, for the front seats,
Euro NCAP specifies that for the initial warning a visual signal shall
remain active until the seat belt is fastened, and specifies a two-
stage audible signal; the initial audible signal must not exceed 30
seconds and the final audible signal must be at least 90 seconds.
We seek comment on the proposed change-of-status warning. What
types of change-of-status warnings are vehicle manufacturers currently
using for the front and rear seats (e.g., audio-visual, duration,
etc.)? NHTSA is also considering, as it is for the start-of-trip
warning, a limited-duration change-of-status warning. Would a limited-
duration change-of-status warning be preferable? And should it be
identical to the start-of-trip warning, or is there a reason to require
different warnings (with respect to any warning signal characteristic,
but especially duration)? How are vehicle manufacturers currently
handling change-of-status events that occur when the vehicle is stopped
or at low vehicle speeds, without a door being opened? Similarly, how
are change-of-status events handled when passengers exit the vehicle
without the vehicle being in the park gear?
3. Audible Warning Characteristics
If the proposed indefinite audible warning were adopted,
manufacturers would almost certainly design audible warnings that were
not continuous but instead cycled, in order to avoid the excessive
annoyance of a fully continuous, long-lasting audible
[[Page 61714]]
warning and to fine-tune annoyance and effectiveness. In light of this,
NHTSA believes that it is necessary to more fully specify the audible
warning characteristics than was necessary for a brief audible warning
to ensure that the warnings have at least a minimum level of
persistence.
We therefore propose to define a set of terms objectively
describing the audible warning: warning cycle, chime frequency, and
duty cycle:
A warning cycle for an intermittent audible warning
consists of period(s) when the warning is active at the chime frequency
or continuously, and inactive period(s). A warning cycle begins with an
active period and is 30 seconds in duration.
Chime frequency means the repetition rate for an
intermittent audible warning when the warning is active.
Duty cycle means the total amount of time an intermittent
audible warning is active during a warning cycle at the chime frequency
or continuously, divided by the total warning cycle duration (30
seconds).
When an audible warning is emitting sound, it may do so
continuously or intermittently. We believe if the chime frequency of
the warning is too low, the warning may become less effective. In a
2009 agency study that focused on analyzing characteristics of optimal
reminder systems, we found that, among the reminder systems analyzed,
the one with the highest belt use rate had the longest average single-
cycle duration and the highest maximum sound frequency.\241\ However,
the agency wishes to provide ample design latitude with respect to the
chime frequency. In a 2007 agency-funded study on enhanced seat belt
reminder features, the ``slow chime'' warning evaluated had a 0.83 Hz
frequency.\242\ We are proposing a minimum frequency of 0.5 Hz. The
warning will be considered active when the audible warning is emitting
a continuous sound or a sound at a 0.5 Hz frequency or higher. We seek
comment on the proposed specification for minimum chime frequency.
---------------------------------------------------------------------------
\241\ Mark Freedman et al., Effectiveness and Acceptance of
Enhanced Seat Belt Reminder Systems: Characteristics of Optimal
Reminder Systems Final Report. DOT HS 811 097.
\242\ DOT HS 810 848; Lerner, N; Singer, L; Huey, R; Jenness, J;
``Acceptability and Potential Effectiveness of Enhanced Seat Belt
Reminders System Features,'' (2007)
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Another important characteristic for an indefinite warning is the
duty cycle. The duty cycle is the ratio of the total time when the
audible warning is active divided by the total warning cycle time. A
1.0 or 100-percent duty cycle for a 30-second warning cycle means that
the warning is active throughout the entire 30 seconds. In order for
the duty cycle specification to be meaningful, the warning cycle time
must be specified. We are proposing that the warning cycle be fixed at
30 seconds. Therefore, because we are proposing that the audio-visual
warning continue until an unfastened seat belt at an occupied seat is
buckled, the audible warning will be composed of a continuous series of
30-second warning cycles that continues until the belt is buckled.
We have tentatively decided to require a minimum duty cycle of 0.20
or 20 percent (i.e., 6 seconds for each 30-second warning cycle). We
have tentatively selected this because we are aware of research data
that suggests that a 20 percent duty cycle is effective but are not
aware of data that a lower duty cycle would be sufficiently effective.
In 2012, IIHS published a study examining the effects of duty cycle and
duration on seat belt reminder effectiveness and annoyance.\243\ The
study examined four duty cycle conditions: 100, 50, and 20 percent, and
a basic reminder (as ratios 1.0, 0.5 and 0.2). The warning cycles were
consecutive 30 intervals. In the 100 percent duty cycle condition, the
flashing icon and 1 Hz frequency chime were present for the entire 30-
second reminder cycle. In the 50 percent duty cycle condition, the
flashing icon and 1 Hz frequency chime were present for the first 15
seconds of the reminder cycle, and a continuously illuminated icon was
present for the final 15 seconds. In the 20 percent duty cycle
condition, the flashing icon and 1 Hz frequency chime were present for
the first 6 seconds of the reminder cycle followed by a continuously
illuminated icon for the remaining 24 seconds. In the basic reminder
system condition, the flashing icon and chime were present for the
first 6 seconds of the first reminder cycle only, and then icon was
continuously illuminated for the remainder of the warning. In terms of
effectiveness, the 20 percent duty cycle reminder was rated no less
effective than the 100 percent duty cycle reminder.
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\243\ Kidd, D.G. (2012). Response of part-time belt users to
enhanced seat belt reminder systems of different duty cycles and
duration. Transportation Research Part F, 15, 525-534.
---------------------------------------------------------------------------
The chime frequency and duty cycle can also be adjusted to optimize
the warning. As chime frequencies and/or duty cycle increase,
effectiveness generally (though not necessarily) increases, and
annoyance generally increases. Given the proposed indefinite warning
duration for the front seats, vehicle manufacturers would almost
certainly design warnings with duty cycles of less than 100 percent in
order to address consumer acceptance issues. For instance, the 2012
IIHS study found that a decrease in the duty cycle could reduce
annoyance while not appreciably reducing effectiveness. The enhanced
reminders, however, were not equally annoying. Forty percent of
participants in the 1.0 duty cycle reminder condition and 40 percent of
participants in the 0.5 duty cycle reminder condition agreed or
strongly agreed that the reminder distracted them while they were
driving. However, only 25 percent of participants in the 0.2 duty cycle
reminder condition indicated the reminder distracted them.
Manufacturers can also balance the duty cycle against the chime
frequency.
These proposed specifications differ somewhat from Euro NCAP and
ECE R16. Rather than directly specifying a duty cycle, Euro NCAP
specifies that for the front seats the audible signal must not have
gaps greater than 10 seconds, and that gaps longer than 3 seconds would
not count toward the warning's total duration. ECE R16 also does not
count warning gaps longer than 3 seconds toward the required minimum
warning duration requirement. We are not specifying a limit on the
maximum duration of audible gaps for the purposes of determining the
warning's total duration since we are not proposing a minimum warning
duration requirement. The 10 second limit Euro NCAP specifies, in
addition to its specification of a 3 second gap limit toward the
calculation of the warning's total duration, would not be sufficient to
ensure a 0.20 duty cycle warning (that is supported by the IIHS
research). For instance, a system with a warning cycle that is 11
seconds long and a 10 second gap would result in a duty cycle of 0.09
which would likely not be as effective as a system meeting our proposed
requirements.
We seek comment on our proposed method of specifying the audible
warning duty cycle and the limits proposed.
4. Visual Warning Characteristics
We are retaining the existing requirements with respect to some
aspects of the visual warning and modifying them in other respects.
We are retaining the current requirements that the warning be
continuous or intermittent (flashing) and must display either the
identifying symbol or the words (``Fasten Belts'' or ``Fasten Seat
belts'') specified in table 2 of FMVSS No. 101. We have tentatively
decided not to specify minimum requirements for the duty cycle or flash
[[Page 61715]]
rates analogous to what we are proposing for the audible warning; we
tentatively believe that manufacturers will design the visual warning
features in conjunction with and in a way that complements the audible
warning characteristics. We have decided to retain the requirement for
the symbols or text specified in FMVSS No. 101 because these visual
warning have been in place for decades and we believe that consumers
are accustomed to them. Removing the requirement may have unintended
negative effects if drivers and front passengers are not accustomed to
new visual warnings or do not find the new visual warnings as
effective. This means that if a manufacturer chose to use a pictogram
format for the rear seat belt warning, it could include the front seat
belts in this pictogram, but it would also have to provide the warnings
specified in FMVSS No. 101, table 2. We believe manufactures are
already doing this. We seek comment on all of these tentative
decisions.
We are also proposing requirements with respect to telltale
visibility. We propose requiring that if there is a driver's designated
seating position, the visual warning for the driver's seat belt must be
visible from the driver's seat and the visual warning for the front
outboard passenger seat belt must be visible from the driver's seat and
the front outboard passenger seat. (For the case where there is not a
driver's designated seating position (which is the case with an ADS-
equipped vehicle without any manual driving controls), see Section
XII.C.). We are proposing to require that the visual warning be visible
to both the driver and any front outboard passenger because NHTSA's
study on front seat belt warning systems suggests that visual warnings
for front outboard passenger seat belts are more effective when they
are visible to the passenger as well as the driver.\244\ Euro NCAP
similarly recommends that the visual warning be visible to the front
passenger.\245\ We believe it would be practicable for manufacturers to
comply with this requirement; for example, the warning could be located
in the center console display (which might be a salient place to
present visual displays, both because of its location and because it
may allow larger size icons or text).\246\ Some manufacturers already
provide a passenger seat belt warning in close proximity to the
passenger air bag status indicator, which is visible to both the driver
and front passenger.
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\244\ See DOT 2009 Seat Belt Study at 67-68.
\245\ Section 3.7.5.5.
\246\ DOT 2009 Seat Belt Study at 67-68.
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We have tentatively decided not to specify more detailed criteria
for the location or visibility of the telltale as, for example, are
provided in S19.2.2 for the passenger air bag telltale. A visual
warning for the driver's seat belt has been required since the early
1970s and we are not aware of any issues with the visibility of that
telltale, so we tentatively believe this is unnecessary.
5. Other Warning Signal Features and Criteria
We have tentatively decided not to specify requirements or criteria
for other aspects of the front outboard seat belt warnings.
Warning activation criteria. Global and Honda commented that NHTSA
should consider updates to the driver seat belt reminder requirements
to include additional trigger thresholds beyond the vehicle ignition
switch being moved to the ``on'' or ``start'' position. The commenters
believed advances in vehicle sensor technology enable warnings to be
provided for a range of conditions, such as when the vehicle speed
reaches a certain limit, or when the transmission is moved from the
park position. One commenter suggested that the front and rear warning
requirements be consistent in this respect.
Euro NCAP and ECE R16 specify additional trigger requirements above
and beyond the ignition being engaged and a seat belt not fastened for
some aspects of the front seat belt warnings. Euro NCAP specifies
trigger criteria related to factors such as speed, distance traveled,
and time elapsed for the change-of-status warning, the audible warning
at the start of a trip, and the final (loud and clear) warning. ECE R16
specifies, for both the start of trip warning and the change-of-status
warning, additional activation criteria for the second-level warning
related to vehicle speed, distance traveled, and time elapsed.
We have tentatively decided not to specify trigger criteria other
than the criteria proposed above. The reasons for doing so mirror the
reasons given in the analogous discussions in the rear seat belt
warning discussion. See Section X.C.1.b (start-of-trip warning) and
Section X.C.2 (change-of-status warning).
Warning duration criteria. Euro NCAP and ECE R16 also specify
additional duration criteria other than a minimum time and the seat
belt becoming fastened. Euro NCAP specifies, for the audible warning
duration (for both the start-of-trip and change-of-status warnings)
criteria related to vehicle speed, door/belt status, running time, and
distance traveled.\247\ ECE R16 specifies, for the second-level audio-
visual warning duration for the front seat belts an additional
criterion related to vehicle speed.\248\ We have tentatively decided
not to include more complex criteria. The reasons for this mirror the
reasons given for the rear seat belt change-of-status warning duration
in Section X.C.2.
---------------------------------------------------------------------------
\247\ Section 3.4.1.6.
\248\ Section 8.4.2.4.3 (warning can cease if vehicle is not
moving forward at least 10 km/h).
---------------------------------------------------------------------------
Warning circumvention, acknowledgment and deactivation. We have
tentatively decided not to propose features to harden the system
against circumvention (such as a sequential logic system which would
evaluate whether the belt was fastened prior to an occupant sitting in
the seat or sensors that can determine seat belts fastened behind an
occupant's back) because such features would increase the cost and
complexity of the systems. Neither ECE R16 nor Euro NCAP require such
features.
We have also tentatively decided not to allow features which would
permit the driver to acknowledge the warning and cancel it prior to the
required duration or to deactivate the warning for an entire trip or
for a specified time period (thus preventing it from activating in the
first place). ECE R16 allows both short-term and long-term deactivation
of the audible warning (with a variety of restrictions, such as that it
be more difficult to effectuate a short-term deactivation than to
buckle the belt). Euro NCAP does not provide any specifications for
deactivation or acknowledgement of the warnings for the front seats; it
only allows acknowledgement of warnings for rear seats, except for
change-of-status warnings. We seek comment on this. Should a final rule
incorporate either or both of these features? Would this unacceptably
impact the effectiveness of the warning and essentially negate its
indefinite duration? Or could it facilitate acceptance and thus either
not impact effectiveness or even have a positive impact on
effectiveness, to the extent it might make it less likely that the
occupant habitually completely circumvents the system? Or should
cancelation or deactivation be allowed for the passenger seat belt
audible warning but not the driver seat belt warning, in order to
mitigate the potential for false positives (due to cargo on the seat
that the occupant detection system classifies as a person, etc.)? We
note that, since we are not proposing hardening requirements, the
proposal would not preclude designs that do not
[[Page 61716]]
activate a passenger seat belt warning if the seat belt is fastened and
no one is in the seat. Thus, such nuisance warnings due to cargo could
be prevented by buckling the seat belt or simply placing the cargo
somewhere else.
Should the final rule allow for permanent or short-term
deactivation of front seat audible warnings when the vehicle is
traveling below a certain speed? This might allow for situations such
as someone needing to drive to a mailbox on a road located on private
property or perhaps driving in a parking lot. Below what speed could
such a deactivation be implemented without potential loss of benefits?
Would such an allowance cause confusion and be counterproductive to the
goal of the proposal?
XII. Other Issues
A. Automatic Belts
This proposal applies to automatic belts. Automatic belts are belts
that secure without any action by the occupant. The agency is not aware
of any currently produced vehicles that would be affected by the
proposed requirements that have automatic belts. We propose that a
seating position with an automatic belt would have to meet the same
seat belt warning requirements that apply to manual belts. We are not
including provisions in the proposed test procedures specific to
automatic seat belt systems because we believe the seat belt use
definitions provide sufficient guidance. We seek comments on this
issue.
B. Test Procedures
This NPRM includes procedures for how the agency would test the
front outboard passenger and rear seat belt warning systems for
compliance with the proposed requirements.
We note that ECE R16 (in Annex 18) sets out some limited test
procedures. With respect to the front passenger belt warning, it sets
out procedures for testing the warning when the seat belt is unbuckled
at the onset of a trip and procedures for testing the change-of-status
warning. For the rear seat belt warning system, it has procedures for
testing the change-of-status warning. In Europe and other countries
around the world, compliance with safety standards is based on type
approval. Type approval is the confirmation that production samples of
a design will meet specified performance standards. For type approval,
manufacturers submit product specifications to governmental
authorities, which then require third party approval testing,
certification, and a production conformity assessment by an independent
body. Test procedures in FMVSS, on the other hand, are more extensive
and detailed, because an FMVSS must be objective, so that manufacturers
can self-certify that their vehicles are in compliance.
The proposed test procedures in this NPRM specify that NHTSA could
test any system under any combination of seat occupancy or seat belt
use status. The test procedures also specify how the agency would test
a seat belt warning system with a designated seating position that is
occupied.
In order to test a seat belt warning system with a front seating
position that is occupied, the agency would use either any
anthropomorphic test device specified in part 572 or a person meeting
or exceeding the proposed weight and height criteria (at least 46.7 kg
and 139.7 cm, respectively, corresponding to the 5th percentile adult
female test dummy specified in part 572). The human beings or test
dummies used would be seated, the seat belt use and ignition conditions
would be applied, and the required signals must operate (that is,
either activate or not activate) accordingly. For example, if the
agency placed the appropriate test dummies in both front outboard
seating positions and fastened both outboard seat belts so that the
seat belts were in use, the front seat belt warning system would not be
permitted to activate the audible or visual signals under the current
first compliance option and could only activate the visual signal under
the current second compliance option.\249\ The test could be conducted
with the seat and adjustable belt anchorages in any position.
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\249\ The first option requires that if the key is in the ``on''
or ``start'' position and the seat belt is not in use, the vehicle
must provide a visual warning for at least 60 seconds, and an
audible warning that lasts 4 to 8 seconds. Under the second option,
when the key is turned to the ``on'' or ``start'' position, the
vehicle must provide a visual warning for 4 to 8 seconds (regardless
of whether the driver seat belt is fastened) and an audible warning
lasting 4 to 8 seconds if the driver seat belt is not in use.
---------------------------------------------------------------------------
For rear warning systems that utilize occupant detection (either
negative-only or full-status systems), the agency would use either a
person or any anthropomorphic test device specified in part 572 that
meets the proposed weight and height criteria (at least 21 kg and 114
cm, respectively).\250\ The agency would perform the test with the seat
in any position, the seat back in the manufacturer's nominal design
riding position, and any adjustable anchorages in any position.
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\250\ For anthropomorphic test devices, this would include the
50th percentile male, 5th percentile female, and the 6-year-old and
10-year-old child dummies.
---------------------------------------------------------------------------
We seek comment on all aspects of the test procedures. We also seek
comment on whether the R16 Annex 18 test procedures affect how the
requirements in R16 should be interpreted, and whether any deviations
between the proposed test procedures and the Annex 18 test procedures
are undesirable. We also seek comment on whether the proposed
procedures are sufficiently detailed and objective.
C. Considerations for Automated Driving Systems
The ANPRM did not address considerations related to automated
driving systems (ADSs).
Comments
A commenter recommended avoiding any additional references to the
``driver'' in FMVSS No. 208 to avoid introducing further barriers to
the deployment of automated driving systems.
Agency Response
NHTSA is actively addressing how the FMVSS might be revised to take
vehicles with different types of ADSs into account. On March 30, 2022,
NHTSA published a final rule updating the occupant protection standards
(200-series FMVSS) to account for ADS-equipped vehicles, particularly
those without driving controls.\251\ The final rule amended the 200-
series FMVSS to account for future vehicles that do not have the
traditional manual controls associated with a human driver because they
are equipped with ADSs.
---------------------------------------------------------------------------
\251\ 87 FR 18560 (Mar. 30, 2022).
---------------------------------------------------------------------------
One aspect of this NPRM is a requirement specifically tailored to
an ADS-equipped vehicle without a driver DSP. For the amendment to the
driver's seat belt warning, we are proposing that the front passenger
warning apply to ``any'' front outboard passenger. The addition of the
term ``any'' makes it clear that, in some vehicles, there may be more
than one front outboard passenger seating position. This would be the
situation of an ADS-equipped vehicle that has no manually operated
driving controls. The agency views this as a means for maintaining the
same level of occupant protection in ADS-equipped vehicles that exists
in conventional vehicles, i.e., both will be required to have seat belt
warnings in both outboard seating positions. We note that in a dual
mode vehicle,\252\ the
[[Page 61717]]
left front seat is still by definition a driver's seat, regardless of
the operational status of the vehicle, so a provision to just have a
warning for the driver and right outboard passenger would be sufficient
to assure that all front seat occupants receive a warning.
---------------------------------------------------------------------------
\252\ An [ADS-Equipped] Dual-Mode Vehicle is defined as ``[a]
type of ADS-equipped vehicle designed for both driverless operation
and operation by a conventional driver for complete trips.'' SAE
J3016_201806 Taxonomy and Definitions for Terms Related to Driving
Automation Systems for On-Road Motor Vehicles.
---------------------------------------------------------------------------
We are also proposing that if there are multiple front outboard
passenger seats in an ADS-equipped vehicle without manual driving
controls, then both front outboard seat belt warnings and change-of-
status warnings must be visible to both front outboard passengers. The
rationale for this is as follows. Although an ADS-equipped vehicle
without manually operated controls by definition does not have a
driver, it is reasonable to assume that one of the front outboard
passengers may be performing the management role for the duration of a
trip, such as might be the case of a parent in a vehicle with children
under their care. In such a situation, the manager of the trip may be
seated in either front outboard seat. Thus, to be most beneficial, the
visual warning must be seen by an occupant choosing to sit in either
front outboard seat. Additionally, if the agency restricted the warning
visibility to just the right outboard passenger and not ``any''
outboard passenger, in an ADS-equipped vehicle with no driving controls
and a lone vehicle occupant in the left front seat, that occupant would
not receive a seat belt use warning.
The 2022 ADS final rule also addressed situations where an ADS-
equipped vehicle without manual driving controls has one or no outboard
seats in the front row (e.g., an ADS-equipped vehicle with only two
seats in the front row, one or both of which would be classified as
inboard passenger seating positions under 571.3) and requires seat belt
warnings for certain inboard seats in such vehicles. We are proposing
that these front inboard passenger seats have the same seat belt
warnings as front outboard seats.
The agency acknowledges that the proposal does not address the
influence of ADS-equipped vehicles on the visibility of the rear seat
belt warning. As proposed, the rear seat belt warning is only required
to be visible from the driver's seat. As previously discussed, there
may be no driver's DSP in an ADS-equipped vehicle. Thus, no vehicle
occupant will be required to see the rear seat belt warning. NHTSA
acknowledges the inadequacy of this situation and we believe there are
many potential solutions. For example, it could be required that for a
vehicle without manually operated driving controls, any front seat
occupant receive the rear seat belt warning. Another approach would be
to require that in such vehicles, all seating positions be apprised of
the seat belt use in all other DSPs in the vehicle. The agency has
determined that it is not prepared to propose a solution for the
visibility of rear seat belt warnings for ADS-equipped vehicles and
that it is beyond the scope of this proposed rule. As we stated in the
March 30, 2022 final rule, the agency plans future agency work related
to telltales and indicators for ADS-equipped vehicles.
XIII. Regulatory Alternatives
NHTSA has considered alternatives to the proposal. In the preceding
sections of this document, we have discussed various alternatives for
different aspects of the proposed requirements. In this section we
address five major alternatives that we considered: ECE R16 and Euro
NCAP; occupant detection and enhanced warning signals for the rear seat
belt warning; non-regulatory alternatives; requiring a warning for the
front center seat; and requiring an audio-visual seat belt warning for
the front outboard seating positions with a duration not less than 90
seconds. For three of these alternatives (rear-seat occupant detection,
front center seat, and 90-second front warning), we also quantified the
costs and benefits (see Section XIV).
A. ECE R16 and Euro NCAP
The ANPRM sought comment on the extent to which any requirements
should be based upon or differ from other regulatory requirements (such
as ECE requirements) or consumer information programs such as Euro
NCAP.\253\ As discussed in more detail in the regulatory analyses
section below, Executive Order 13609 provides that International
regulatory cooperation can reduce, eliminate, or prevent unnecessary
differences in regulatory requirements. Similarly, Sec. 24211 of the
Infrastructure, Investment, and Jobs Act \254\ instructs DOT to
harmonize the FMVSS with global regulations to the maximum extent
practicable (for example, to the extent that harmonization would be
consistent with the Safety Act).
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\253\ The discussion in this preamble focuses on Euro NCAP and
R16. NCAP programs in other regions are largely similar to Euro NCAP
or R16, so our analysis of these requirements will adequately cover
the requirements of the NCAP programs in other regions.
\254\ H.R. 3684 (117th Congress) (2021).
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Comments \255\
---------------------------------------------------------------------------
\255\ The ANPRM sought comment on this in the context of various
aspects of the rear seat belt warning, and this is what the comments
likely concerned, but the discussion in the agency response below
also includes the front seats.
---------------------------------------------------------------------------
Several commenters recommended harmonizing with R16.\256\ Two
commenters stated that almost all automakers have already developed
systems to conform to the R16 requirements, and that disharmonization
would increase costs without any benefits. Two commenters said that
harmonization would accelerate introduction of seat belt reminders. A
commenter said that R16 represents a ``sweet spot'' between safety
benefits, consumer acceptance, harmonization, and compliance costs. The
commenter also said that the benefits from harmonization can be
substantial, such as flexibility to innovate, cost minimization, and
efficiency of global research, development, and production processes; a
non-harmonized approach could also necessitate system redesign for the
United States market.
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\256\ Some comments specifically identified version R16-07. As
noted earlier, the ECE has subsequently revised that regulation. The
current version is Revision 10. We assume commenters favoring
harmonization intended that we harmonize with the most current
version of R16.
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Some commenters recommended harmonizing with NCAP programs in other
regions, such as Euro NCAP. For example, a commenter supported
harmonization with Euro NCAP; another supported harmonization with Euro
NCAP (or, if not that, then with R16), and a third commenter suggested
using other NCAP programs as a model when empirical data is lacking. A
commenter recommended harmonization with Euro NCAP and IIHS's
assessment protocol.
A few commenters, while acknowledging that harmonization is
generally desirable, commented that the proposed rule should not
harmonize at the expense of safety/effectiveness. Commenters said that
the requirements should be evidence-based.
Agency Response
In developing this proposal, our intent was to harmonize with ECE
R16 and Euro NCAP as much as possible but deviate where we believed it
was justified with respect to the Safety Act criteria (need for safety,
objectivity, practicability). The tentative reasons for following or
deviating in any of these respects are explained in detail in the
relevant section of the preamble. In general, we believe that although
the proposal deviates from R16 in some
[[Page 61718]]
ways, the two are not incompatible, so that it is possible to design a
rear reminder system that complies with the proposed requirements and
is compatible with R16.
On December 2021, IIHS released its Seat Belt Reminder System Test
and Rating protocol.\257\ It sets out general requirements for the seat
belt reminder visual and audible signals for front outboard and rear
seating positions. It does not put much emphasis on the visual warning
for front-outboard seating positions other than specifying that a
visual signal needs to be displayed in the instrument panel, overhead
panel, or center console, indicating an unfastened belt. On the other
hand, for the audible warning there are requirements for when it must
begin if the seat belt is unfastened at ignition and for change-of-
status, and when it can cease (when the seat belt is unfastened,
vehicle is no longer in motion, or seat is no longer occupied). It also
has sound pressure level and frequency requirements for the audible
warning.
---------------------------------------------------------------------------
\257\ https://www.iihs.org/media/f15e5be9-ac62-4ea6-a88d-7511105bfff5/H3hGKQ/Ratings/Protocols/current/Seat%20Belt%20Reminder%20Test%20Protocol.pdf.
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For the rear seats, it specifies that the visual signal must
activate within 10 seconds of the ignition being turned on, that the
signal must indicate whether the seat belt at each rear seating
position is fastened or unfastened, and that it must last at least 60
seconds. It does not require a visual signal if the seat belts at all
occupied rear seats are fastened or if no rear occupants are present.
It allows the visual signal to be cancelled by the driver. For a seat
belt change-of-status in the rear seats when the vehicle is in motion,
it requires an audible and visual signal that lasts at least 30
seconds. It further specifies that the audible and visual signal can
stop when seat belts at the occupied rear seats are fastened, the
vehicle is no longer in motion, or the seats are no longer occupied.
For the front seats, under the IIHS ratings protocol, the primary
audible reminder signal for the front outboard seats must be at least
90 seconds in total duration in order to obtain an ``acceptable'' or
``good'' rating.
Unlike Euro NCAP the IIHS rating system provides ratings instead of
points (poor, marginal, acceptable, good). For instance, if the front-
passenger seat has an audible signal that lasts less than 8 seconds it
would be given a ``Poor'' rating. For a ``Good'' rating'' both the
driver and front-passenger belt reminder must have an audible signal
that lasts at least 90 seconds and meet the rest of the belt reminder
system requirements (essentially meet the requirements for an
``Acceptable'' rating) and meet the requirements set forth for the rear
seat belt reminder system. Accordingly, a vehicle cannot receive a
``Good'' rating without having a rear seat belt reminder system, and a
rear seat belt reminder system is not required for all the other
ratings. It does not specify occupancy criteria. We do not believe our
requirements impede meeting the requirements of the IIHS protocol.
B. Occupant Detection and Enhanced Warning Signals for the Rear Seat
Belt Warning
Rear seat warning systems that employ occupant detection have
potential advantages over systems without it. With occupant detection,
a warning system can provide more informative warnings. The system can
determine whether any seats are occupied by an unbelted occupant, as
opposed to simply notifying the driver which belts, if any, are
fastened. Such systems are also better able to provide enhanced
warnings. Enhanced warnings refer (for the purposes of this document)
to warnings that are relatively longer-lasting or have an audible
component. Having an audible or longer-duration visual warning activate
for an unoccupied seat could be a nuisance for the driver and might
either desensitize the occupants to the warning signal or lead them to
circumvent or defeat the system. Enhanced warnings therefore generally
need to work in conjunction with an occupant detection system.
In the ANPRM we observed, however, that occupant detection for the
rear seats may present technical or cost challenges. Rear seats are
used in ways that can complicate occupant detection. Rear seats may
frequently be used to transport cargo such as groceries, pets, and
other heavy objects that could be mistaken for an occupant. In
addition, rear seats may be less well-defined than front seats, which
could impede accurate detection. For example, it may be technically
challenging for an occupant detection system to recognize a large
occupant spanning multiple seating positions as a single occupant
rather than two occupants. This could lead to false warnings, which can
lead occupants to disregard or attempt to circumvent the system.
Occupant detection would also be more expensive. While approximately
46.9% of MY 2022 projected vehicle sales in the United Sates have rear
seat belt warning systems, only about 7% are equipped with occupant
detection.
Occupant detection is optional but not required by both ECE R16 and
Euro NCAP. Accordingly, neither Euro NCAP nor ECE R16 require an
audible warning on vehicle start-up for the rear seats. Euro NCAP
specifies that, if there is no occupant detection, only a 60-second
visual signal is needed for the rear warning in order to earn bonus
points, and R16 requires a 60-second visual signal. For systems with
occupant detection in all rear seats, Euro NCAP specifies that the
visual signal does not need to indicate the number of seat belts in use
or not in use, but the signal must remain as long as the seat belts
remain unfastened on any of the occupied rear seats. Neither R16 nor
Euro NCAP require a visual signal if the system can determine there are
no occupants in the rear.
The ANPRM sought comment on whether NHTSA should propose rear seat
belt warning system requirements that would necessitate occupant
detection or enhanced warning signals.
Comments
Many commenters recommended requiring occupant detection in the
rear seats. Other commenters argued that occupant detection would
reduce false signals, and some argued that occupant detection was
feasible and already available in numerous vehicle models. A commenter
stated that NHTSA had provided no literature review of available
systems and their capabilities, and that NCAP programs throughout the
world had concluded that these systems are feasible and important to
advancing safety. Two commenter said that some of the technological
challenges NHTSA identified in the ANPRM have already been addressed in
systems developed for the right front passenger seat. A commenter also
noted that various NCAP programs award points for occupant detection.
Another commenter said that the residual technical challenges appear to
be mostly associated with accommodating certain child restraint
systems. The commenter believed that occupant detection with the option
of temporary driver override for the duration of an individual trip is
a reasonable approach that balances notification with recognition that
seats may be occupied by objects other than unrestrained human
occupants. Commenters also said that occupant detection systems are
cost-efficient, with a number of systems costing less than $10.
On the other hand, several commenters opposed requiring occupant
detection. Commenters suggested harmonizing with ECE R16, which does
not require occupant
[[Page 61719]]
detection. Some commenters brought up the technological and use
challenges. For example, a commenter stated that it is difficult to
distinguish actual rear occupants from other rear objects because
consumers tend to use rear seats in a wider variety of conditions
(e.g., child restraints, pets, groceries, and various types of cargo);
its experience shows that occupant detection in rear seats leads to
false alarms and reduced consumer acceptance. Several commenters raised
concerns about cost. One commenter believed that the cost of such
systems would not justify any additional benefits. Another commenter
believed that there were insufficient data available to demonstrate
that occupant detection would actually increase system effectiveness
because without occupant detection the driver knows how many occupants
are in the vehicle. On the other hand, a commenter said that costs are
not prohibitive; the commenter also stated that rear seat occupant
detection systems are available that can take into consideration the
specific challenges of the rear seat compared to a front seat,
including robust sensors to help avoid false positive warnings. At the
same time, commenters requested that any requirements not prohibit
innovation and provide manufacturers with flexibility. One commenter
opposed requiring occupant detection on buses because such systems
would be complicated (e.g., the number of seats and seating
configurations, challenges with LATCH). It also stated that it is
unaware of any occupant detection systems currently available for
buses, so all rear passenger seats currently in use will require
significant development efforts.
As noted earlier,\258\ several commenters favored requiring an
audio-visual warning at the start of the trip. A commenter also
supported requiring the most effective warnings.
---------------------------------------------------------------------------
\258\ See Section X.C.1.a, Visual Warning at Start of Trip with
Three Compliance Options.
---------------------------------------------------------------------------
On the other hand, commenters argued against requiring enhanced
warnings. A commenter recommended requiring only a visual warning on
start-up to avoid false alarms and consumer acceptance issues because
occupant detection is currently not affordable. Another commenter also
stated that consumer acceptance of enhanced warning systems in the
United States is not well understood. Commenters recommended following
R16 with respect to enhanced warnings, because it strikes an
appropriate balance of benefits, acceptance, harmonization, and costs.
Two commenters suggested that NHTSA instead consider updating NCAP to
include enhanced warnings. A commenter said that the reminder system
should use existing audio/visual warning patterns because the driving
public likely would be able to understand those more easily.
Agency Response
We have tentatively decided not to require occupant detection in
the rear seats because we tentatively believe that occupant detection
continues to present technical challenges. While it can reduce false
warnings for unoccupied seats it can also result in false warnings, due
to the limitations of the sensors and different use scenarios in the
rear seats. We acknowledge that most of the components necessary to
meet the proposed minimum performance requirements for a system with
occupant detection are readily available, and that a small portion of
the total U.S. vehicle projected sales, based on the MY2022 NCAP data,
are equipped with rear SBWS with occupant detection. However, these
potential issues surrounding the implementation of occupant detection
could reduce the effectiveness and/or acceptance of these systems and
thus we tentatively decided against requiring occupant detection.
Occupant detection would be cost-beneficial only if rear seat belt
use increased substantially more than we estimate that it would for a
warning system without occupant detection. Our teardown analysis
indicates that occupant detection components cost $39.75 per vehicle,
which, added to the $19.59 per vehicle cost of the buckle sensor,
results in a combined warning system cost of $59.33 per vehicle (2020
$). We estimate that the total new fleet cost of a rear seat belt
warning system with occupant detection would be about $758 million
(2020 $). As explained in more detail in Section XIV, Overview of Costs
and Benefits, and in the PRIA, in order for benefits and costs to be
equal for this regulatory option, seat belt use for rear seat occupants
11 years and older would need to increase by approximately 9.4 percent
when discounted at 3 percent and 11.6 percent when discounted at seven
percent. A 9 to 12 percent increase in seat belt use is about 2 to 3
times greater than that estimated for the proposed SBWS requirement.
While we would expect some possible increase in seat belt use from that
specific functionality, it is doubtful that it would double or triple
the increase in seat belt use estimated for SBWS without occupant
detection. Therefore, we do not expect this regulatory alternative to
be cost-effective or net beneficial.
This tentative decision is based on current information on factors
such as the needed increase in seat belt use for this regulatory
alternative to have positive net benefits. This proposal does not
preclude manufacturers from choosing to use occupant detection and
includes compliance options that involve the use of occupant detection.
This harmonizes with R16 and Euro NCAP. Vehicle manufacturers may in
the future implement rear seat occupant detection technology for other
functions (such as advanced occupant restraint functions or warnings
for unattended children in the rear seating positions after the vehicle
motor is turned off), which would relieve some of the cost burden and
facilitate the integration of occupant detection technology for rear
seat belt warning systems. Because we are not requiring occupant
detection, we are therefore also not requiring enhanced warnings (such
as an audible warning on vehicle start-up) for the rear seat belt
reminder. The proposal, however, gives manufacturers the flexibility to
innovate and optimize warning signal characteristics, including
providing enhanced warnings. We seek comment on these issues.
C. Non-Regulatory Alternatives
The ANPRM sought comment on whether NHTSA should consider non-
regulatory approaches. It identified two potential non-regulatory
approaches: awarding NCAP bonus points and voluntary guidelines.
Comments
Some commenters supported including rear seat belt reminders in
NCAP in addition to, but not in lieu of, a regulatory requirement in
order to accelerate adoption of advanced systems. Two commenters also
believed that inclusion in NCAP could encourage adoption. One commenter
was opposed to voluntary guidelines. The commenter said that inclusion
of occupant detection in NCAP would be the most appropriate way to
incentivize such systems and familiarize industry with their
implementation.
Agency Response
In light of the MAP-21 mandate and our tentative conclusion that
the proposed requirements would meet the section 30111 criteria, we
have decided to issue this proposal, and not pursue non-regulatory
alternatives. However, we would like to note that on March 9, 2022,
NHTSA published an RFC notice announcing its current and future plans
[[Page 61720]]
for updating NCAP.\259\ The RFC notice included a section on seat belt
interlocks that requested comment on whether NCAP should consider
credit for enhanced seat belt reminder systems and whether NCAP should
include a seat belt interlock assessment and, if so, what it would
consist of (e.g., interlock types, what seats would be covered, etc.).
The notice requested data on both topics. Our preliminary review of the
comments about whether NCAP should consider credit for enhanced seat
belt reminders found that the majority of commenters were in support of
such an initiative. A commenter stated that, rather than considering
credit for enhanced seat belt reminders, NHTSA should regulate more
persistent reminders as allowed under MAP-21.
---------------------------------------------------------------------------
\259\ 87 FR 13452 (Mar. 9, 2022).
---------------------------------------------------------------------------
D. Requiring a Warning System for the Front Center Seat
The agency also considered requiring a seat belt warning system for
the front center seating position but is not proposing doing so for a
few reasons.
First, there is low occupancy for the front center seat. According
to 2013 FARS and GES data, only 0.4 percent of the occupants of
passenger cars and light trucks with a GVWR of 10,000 lb or less
involved in fatal or injury-only crashes were seated in the front
center seating position. This is due to the rarity of front center
seats in the modern vehicle fleet, not because this position is safer.
More specifically, 62 occupants of these vehicles seated in the front
center seat were killed. Of those fatalities, 79 percent (49 occupants)
were unrestrained. In addition, there were 8,000 occupants of these
vehicles that were injured while seated in the front center seat. Of
those front center seat occupants injured, approximately 8.2 percent
(656 occupants) were unrestrained.\260\
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\260\ See Traffic Safety Facts 2013, NHTSA, DOT HS 812 139
(2015), Tables 87-88. Only light truck occupant injuries are
reported. The number of passenger car occupants injured was not
reported because it was less than 500.
---------------------------------------------------------------------------
Next, a system for the front center seat without occupant detection
would likely not be effective. Without occupant detection, a belt
reminder system for the front center seat would be limited to providing
a positive-only visual signal (for the reasons discussed regarding the
front and rear seats and occupant detection). We believe that such a
signal would not be likely to result in meaningful safety benefits for
the front center seat. Because it would be only a visible and not an
audible warning, it would likely not provide the occupant in the front
center seat much incentive to fasten the seat belt or provide the
driver an additional incentive to request the front center passenger to
fasten the seat belt.
Finally, a system with occupant detection would not be cost-
effective or net-beneficial. When discounted at three and seven
percent, the cost per ELS is approximately $88.9 million and $110.0
million, respectively and the net benefits are negative for this
regulatory alternative. Because the cost per ELS is higher than the
comprehensive cost of a fatality and the net benefits are negative,
this regulatory alternative is not cost-effective or net-beneficial.
E. Requiring a 90 Second Duration Seat Belt Warning System for the
Front Outboard Seating Positions
As explained earlier (see Section XI.C.1), NHTSA considered a range
of alternative warning durations for the front outboard seat belt
warning. NHTSA quantified the costs and benefits for one of these
alternate durations (90 seconds). NHTSA selected the 90 second duration
length as an alternative because this is the most common audible
warning duration for the front outboard seats, based on our NCAP data.
About 92.4 percent of the new vehicle fleet is already equipped with an
audible seat belt warning with a duration of 90 seconds or greater.
Therefore, a requirement for a minimum of 90 second duration audible
warning would only affect 7.6 percent of the new vehicle fleet. The
benefit and cost analysis was conducted in a similar manner as that for
the indefinite duration seat belt warning described in Section XIV. Our
analysis found that a requirement for a 90-second audible warning would
save 7 equivalent lives with no change in the estimated cost. These
benefits are significantly lower than those for the proposed warning
that remains on until the seat belt is buckled.
We seek comment on these issues.
XIV. Overview of Benefits and Costs
In this section, we briefly present our estimates of the benefits
and costs of the proposed rear and front seat belt warning
requirements, as well as three of the major regulatory alternatives we
considered. For a more detailed discussion, please refer to the
Preliminary Regulatory Impact Analysis (PRIA) in the docket for this
rulemaking. NHTSA seeks comment on its methodology, data sources, and
estimates.
A. Proposed Requirements
NHTSA quantified the benefits and costs of the proposed
requirements. In this section we present a summary of these estimates
for the rear seat belt warning system, front outboard seat belt warning
system, and then the combined costs and benefits for both proposals.
1. Rear Seat Belt Warning System
The ANPRM sought comment on the potential effectiveness, benefits,
and costs of a rear seat belt warning.
Comments
NHTSA received several comments on the potential target population.
For example, a commenter said that approximately 900 second row
unrestrained occupants are killed and another 19,000 are injured each
year, and a portion of this target population would likely have
injuries mitigated or eliminated through the use of rear seat belt
warning systems. Another commenter brought up the increasing number of
rear seat passengers,\261\ including the rise of rideshare
vehicles.\262\ Two \263\ commenters \264\ also stated that studies have
found rear seat passengers in rideshare or taxis (for hire vehicles)
are less likely to buckle up than those in privately owned (not for
hire) vehicles, and one of the commenters noted that children usually
sit in the back row, and they may unfasten their seat belt out of
boredom during a trip. A commenter also said that restraint non-use
exceeds the national average (47%) in the population of occupants
starting at age 8-12, and the unrestrained percentage for younger
occupants is 36% for 4-7 year olds and 22% for occupants less than 4
years old.
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\261\ Citing Li, R., Pickrell, T.M. (2019, February). Occupant
restraint use in 2017: Results from the NOPUS controlled
intersection study (Report No. DOT HS 812 594). Washington, DC:
National Highway Traffic Safety Administration, at: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812594.pdf.
\262\ Citing Aarian Marshall, A Third of Americans Use Ride-
Hail. Uber and Lyft Need More, Wired, Jan. 8, 2019, https://www.wired.com/story/uber-lyft-ride-hail-stats-pew-research/ (last
accessed Nov. 26, 2019).
\263\ Citing Jessica Jermakian & Rebecca Weast, Passenger use of
and attitudes toward rear seat belts. J. Safety Research 66, p. 113-
119, Feb. 2018, https://doi.org/10.1016/j.jsr.2017.12.006 (last
accessed Nov. 26, 2019); Kenneth Nemire, Seat belt use by adult rear
seat passengers in private passenger, taxi, and rideshare vehicles,
Proceedings of the Human Factors and Ergonomics Society Annual
Meeting, Oct. 20, 2017, https://doi.org/10.1177/1541931213601896
(last accessed Nov. 26, 2019).
\264\ Citing Rear Seat Belt Use: Little Change in Four Years,
Much More To Do, GHSA, (Nov., 2019), https://www.ghsa.org/resources/RearBeltReport19.
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Several commenters noted a relative lack of data regarding the
effectiveness of rear seat belt warnings. A commenter stated that the
first vehicles with an advanced rear seat belt reminder system
[[Page 61721]]
only entered the Japanese and EU markets in recent years, and there are
not yet any field data available on effectiveness.
However, a few commenters did provide rough effectiveness
estimates. One commenter estimated that it was likely similar to front
seat effectiveness (3-4%). Two other commenters pointed to a 2012 SAE
paper that compared the effect of various visual and audible warnings
on rear belt use based on a series of experiments.\265\ One of the
commenters said that its research has found that seat belt warning
systems with persistent audible tones lasting at least 90 seconds
increase the seat belt use of drivers who do not routinely use a seat
belt by 34%. The commenter also referenced a Volvo survey of Volvo
owners in Sweden and Italy in 2005 showing that a rear belt warning
system had an effectiveness of approximately 50%.
---------------------------------------------------------------------------
\265\ M. Akamatsu, H. Hashimoto and S. Shimaoka, ``Assessment
Method of Effectiveness of Passenger Seat Belt Warning,'' in SAE
International 2012-01-0050, 2012. This study is discussed in the
PRIA (Section 2.3).
---------------------------------------------------------------------------
Several commenters commented generally that a rear belt reminder
would be effective while not providing specific effectiveness
estimates. A commenter agreed with NHTSA that the proportion of
occupants who actively seek to avoid restraint use is small compared to
the proportion of part-time nonusers who would likely be amenable to
warnings. Another commenter similarly stated that many consumers do not
prioritize rear belt use but rather consider it unnecessary (for short
trips in particular), forget to buckle up, or perceive no deterrent
threat from traffic enforcement, and enforcement of seat belt laws is
more challenging for the back seat due to more difficult visibility. A
commenter said that there is extensive evidence of the effectiveness of
front seat belt reminders and there is no reason to believe that rear
seat belt reminder effectiveness would significantly differ. Commenters
noted the NHTSA research on seat belt warnings discussed in Section V,
showing a generally positive increase in use rates. Commenters referred
to an IIHS survey showing that, of 1,172 respondents who had ridden in
the back seat during the preceding six months, 75% said they would be
more likely to wear the rear seat belt if someone in the car reminded
them, 62% would if there was an audible belt reminder, and 50% would if
there was a visual belt reminder.\266\
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\266\ Citing Highway Loss Data Inst., Ins. Inst. for Highway
Safety, Unbelted: Adults Admit They Often Skip Belts in Rear Seat,
52 Status Rep. 1, 3 (Aug. 3, 2017), available at https://www.iihs.org/api/datastoredocument/status-report/pdf/52/5 (last
accessed Nov. 26, 2019).
---------------------------------------------------------------------------
With respect to costs, a commenter said that seat belt reminder
systems require a relatively small investment, and low-cost 2-D or
digital cameras (which are cheaper than seat sensors) could be used to
detect a rear seat passenger. Two commenters said that the cost will
decrease further if rear seat belt reminder systems are required in all
vehicles. A commenter said that for passenger cars already equipped
with rear seat buckle monitoring (13% in US for MY 2019; almost 100% of
new vehicle models in the EU market, legally required in EU for new
types from September 2019 onwards), the additional costs for the
occupant detection technology to cover the second row seating positions
are in the low two-digit range. The commenter also stated that among
vehicles available in the EU with advanced rear seat SBR systems, a
couple are vehicle models that belong to the high-volume, cost-
sensitive vehicle segments (small/compact cars), showing that the
additional costs for the rear seat occupant detection are not
prohibitive. The commenter said that the occupant detection sensors for
a seat belt warning system are available at lower costs than occupant
classification (e.g., for front air bags) sensors.
Agency Response
Based on FARS and NASS-CDS data from 2011 to 2015, on average 1,002
unrestrained rear seat occupants were killed in crashes and 7,820 were
injured.\267\ After adjusting these to account for future decreases in
fatalities and injuries projected to occur in the absence of the
proposed requirements due to the introduction of other mandatory safety
technologies (e.g., electronic stability control), there were, on
average, 475 fatalities and 7,036 injuries to unrestrained rear seat
occupants each year. This is the overall target population--the annual
deaths and injuries that the proposed requirements are aimed at
reducing.
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\267\ See PRIA, Appendix D.
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We estimated the benefits we expect to result from the proposed
rear seat belt warning requirements. The benefits are the fatalities
and injuries that we estimate would be prevented by the proposed
requirements. The benefits depend, principally, on the effectiveness of
seat belts in preventing deaths and injuries and the expected increase
in seat belt use due to the proposed rear seat belt warning system
requirements. Seat belt effectiveness for rear seat occupants is 55
percent for passenger cars and 74 percent for light trucks and
vans.\268\
---------------------------------------------------------------------------
\268\ See PRIA, Table 29.
---------------------------------------------------------------------------
NHTSA believes that the proposed minimum required warning signal
characteristics would be effective at informing the driver of the use
status of the rear seat belts and facilitating the driver to request
that a rear passenger fasten an unfastened belt. A seat belt warning
system can increase rear seat belt use in two ways: it can remind an
occupant to fasten their belt, and it can inform the driver that a
passenger is unbuckled, so that the driver can request the occupant to
fasten their belt.\269\ Without a rear seat belt warning, the driver
must turn around to ascertain whether a rear seat occupant is using a
seat belt (or ask the occupant); in some vehicles, belt use may not be
evident to the driver, even if he or she turned around, due to line-of-
sight limitations. As noted above, in NHTSA's 2015 survey, 65% of
drivers of vehicles equipped with rear seat belt reminders reported
that the rear seat belt reminder made it easier to encourage the rear
seat passengers to buckle up.\270\ Also, as noted earlier, part-time
users--the predominant nonuser group--are amenable to seat belt
warnings. In addition, children, who might be particularly compliant to
driver requests, are proportionally much more likely to be rear seat
passengers than are adults.\271\
---------------------------------------------------------------------------
\269\ Motoyuki Akamatsu et al., Assessment Method of
Effectiveness of Passenger Seat Belt Reminder. 2012-01-0050, SAE
International (2012).
\270\ Survey of Principal Drivers of Vehicles with a Rear Seat
Belt Reminder System at 47.
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We believe that any of the three compliance options would be
effective at doing this. While some provide more information than
others, and some would require the driver to fill in some informational
gaps, even the most basic system (positive-only) would inform the
driver about which belts are fastened; the driver would readily be able
to determine whether there were any unbelted occupants. We also believe
that the 60-second visual warning would be effective. NHTSA could have
proposed a more intrusive warning signal, such as an audible warning
and/or a longer-duration visual warning. However, because such warnings
necessitate occupant detection and we have tentatively decided not to
require occupant detection, we have also tentatively decided not to
propose more aggressive warnings.
NHTSA estimated the effectiveness of the proposed rear seat belt
warnings. Available research regarding seat belt use indicates that
seat belt warning
[[Page 61722]]
systems are effective at increasing seat belt use; however, estimates
of the amount of increased belt usage that can be attributed to warning
systems vary. In arriving at our estimates of increased seat belt
usage, we examined research conducted by NHTSA and others, as well as
information submitted in response to the request for comments. For rear
seat passengers eleven years old and older, we used a ``low'' estimate
of 3.4 percentage points, and a ``high'' estimate of 5.1 percentage
points.\272\ For rear seat passengers from six to eleven years old, we
used a low estimate of 0.27 percentage points and a high estimate of
0.41 percentage points.\273\ (The estimated increases for younger
passengers are much lower because they already have high rates of seat
belt use). For simplicity, we refer to these scenarios as ``Low'' and
``High,'' or ``3%'' and ``5%.''
---------------------------------------------------------------------------
\272\ See PRIA, Table 33.
\273\ See PRIA, Table 33.
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Based on these belt and warning system effectiveness estimates, we
estimate that the proposed rear seat belt warning requirements would
prevent 22 fatalities and 75 injuries annually under the ``Low''
scenario. Under the ``High'' scenario, we estimate that 34 fatalities
and 112 injuries would be prevented annually.\274\ See table 9. Another
way to measure benefits is by calculating equivalent lives saved.
Equivalent lives saved are the number of prevented fatalities added to
the number of prevented injuries, with the prevented injuries expressed
in terms of fatalities (that is, with an injury expressed as a fraction
of a fatality, so that the more serious the injury, the higher the
fraction). The estimated equivalent lives saved are presented in table
10.
---------------------------------------------------------------------------
\274\ See PRIA, Table 47.
Table 9--Estimated Annual Benefits--Lives Saved and Injuries Prevented
for Positive-Only SBWS (Rear Seats), With Estimated 3 & 5 Percentage
Point Increase in Belt Use
------------------------------------------------------------------------
Injury level 3% (low) 5% (high)
------------------------------------------------------------------------
MAIS 1 \275\............................ 23.2 34.3
MAIS 2.................................. 40.2 60.3
MAIS 3.................................. 5.6 8.4
MAIS 4.................................. 5.5 8.2
MAIS 5.................................. 0.2 0.3
-------------------------------
Total Injuries...................... 74.7 111.5
------------------------------------------------------------------------
Fatal................................... 22.3 33.6
------------------------------------------------------------------------
Table 10--Estimated Annual Benefits--Equivalent Lives Saved--Positive-
Only SBWS (Rear Seats) \276\
------------------------------------------------------------------------
3% Discount 7% Discount
Belt use increase rate rate
------------------------------------------------------------------------
3% increase............................. 21.9 17.7
5% increase............................. 32.9 26.7
------------------------------------------------------------------------
We also estimated the costs of the proposed requirements. To comply
with the minimum proposed requirements (the positive-only compliance
option), the system would need to have seat belt buckle sensors (to
determine if the belt is fastened) and wiring and wire conduits to
provide information on the belt buckle status from the rear seats to
the computer processor controlling the warning system. Based on the
results of NHTSA's teardown analysis, we estimate a cost of $6.28 per
seat. Given an average of 3.12 rear seats per vehicle, this yields a
final cost of $19.59 per vehicle. Based on this, the cost to the fleet
to comply with the proposed minimum requirements (the positive-only
system) is $167.8 million (M).
---------------------------------------------------------------------------
\275\ The Abbreviated Injury Scale (AIS) is a classification
system for assessing impact injury severity developed and published
by the Association for the Advancement of Automotive Medicine and is
used for coding single injuries, assessing multiple injuries, or for
assessing cumulative effects of more than one injury. MAIS
represents the maximum injury severity of an occupant at an AIS
level, i.e., the highest single AIS for a person with one or more
injuries. MAIS 1 & 2 injuries are considered minor injuries and MAIS
3-5 are considered serious injuries.
\276\ See PRIA, Table 72.
---------------------------------------------------------------------------
Based on the forgoing, we performed benefit-cost and cost-
effectiveness analyses. A benefit-cost analysis calculates net
benefits, which is the difference between the benefits flowing from
injury and fatality reductions and the cost of the rule. Our net
benefit estimates are presented in table 11. The cost-effectiveness
analysis derives the cost per equivalent life saved, which is equal to
the total cost of the rule divided by the total fatal equivalents that
it prevents. These estimates are presented in table 12.
---------------------------------------------------------------------------
\277\ See PRIA, Table 79.
Table 11--Net Benefits--Positive-Only SBWS (Rear Seats) \277\
[2020 Dollars, in millions]
------------------------------------------------------------------------
3% Discount 7% Discount
Seat position and belt use increase rate rate
------------------------------------------------------------------------
3% increase............................. $95.6 $46.2
5% increase............................. 228.3 153.9
------------------------------------------------------------------------
[[Page 61723]]
Table 12--Cost-Effectiveness Analysis (Cost per Equivalent Life Saved)--Proposed Positive-Only System \278\
[2020 Dollars, in millions]
----------------------------------------------------------------------------------------------------------------
Seat position and belt use increase ELS Cost Cost/ELS
----------------------------------------------------------------------------------------------------------------
3% Discount Rate
----------------------------------------------------------------------------------------------------------------
3% increase..................................................... 21.9 $166.4 $7.6
5% increase..................................................... 32.9 166.4 5.0
----------------------------------------------------------------------------------------------------------------
7% Discount Rate
----------------------------------------------------------------------------------------------------------------
3% increase..................................................... 17.7 $166.4 $9.4
5% increase..................................................... 26.7 166.4 6.2
----------------------------------------------------------------------------------------------------------------
2. Front Seat Belt Warning System
Based on FARS and NASS-GES data from 2011 to 2015, on average 7,503
unrestrained drivers and 1,453 unrestrained front outboard passengers
of passenger cars and light trucks were killed annually in traffic
crashes. Additionally, 53,113 unrestrained drivers and 10,324
unrestrained front outboard passengers were, on average, injured
annually. After adjusting these to account for future decreases in
fatalities and injuries projected to occur in the absence of the
proposed requirements due to the introduction of other mandatory safety
technologies (e.g., electronic stability control), there were, on
average, 6,733 fatalities and 47,952 injuries to unrestrained front
seat occupants each year. This is the overall target population--the
annual deaths and injuries that the proposed requirements are aimed at
reducing.
---------------------------------------------------------------------------
\278\ See PRIA, Table 73.
---------------------------------------------------------------------------
According to the NOPUS, 90.6% of the drivers used the seat belt in
2021, which is slightly higher when compared to passengers in the
right-front seating position with an observed belt use rate of
89.4%.\279\ In order to estimate the percentage of drivers and front
passengers who do not always use a seat belt, we used the results from
a 2004 analysis using data from the Household Component of the 2002
Medical Expenditure Panel Survey (MEPS-HC) \280\ that found that among
persons 16-64 years of age, 87.7 percent reported always or nearly
always using seat belts when driving or riding in a car. Another 6.9
percent reported sometimes using seat belts, while 5.4 percent reported
seldom or never using seat belts when driving or riding in a car. These
results are summarized in table 13. This means, when an observation is
made about the percentage of drivers who use the seat belts, the
observed belt use rate is higher than 87.7% since the other groups
would contribute to the observed belt use rate although they are not
always using the seat belts. NHTSA recognizes that driving habits may
or may not have changed since 2002 as seat belt use rates have
increased and as new generations of drivers and passengers are on the
road. NHTSA considered, but tentatively decided not to use, the results
of more recent studies, such as the (2016) Motor Vehicle Occupant
Safety Survey \281\ to estimate the percentage of drivers and front
passengers who do not always use a seat belt. While the 2016 MVOSS is
more recent, we decided to use the 2004 study because we tentatively
concluded that the data provided by the 2004 study best suited the
needs of our analysis. Given that most data on seat belt use is self-
reported, the 2004 study has a high sample size (approximately 25,000)
\282\ and provides robust categorizations of seat belt use that fits
the needs of our analysis. Furthermore, when comparing this data to the
findings of the 2016 MVOSS, we did not find evidence that these trends
have significantly changed over time.\283\ NHTSA seeks comment on
instead using the results of more recent studies, such as the 2016
MVOSS, or other data sources commenters are able to identify.
---------------------------------------------------------------------------
\279\ National Center for Statistics and Analysis. (2021,
December). Seat belt use in 2021--Overall results (Traffic Safety
Facts Research Note. Report No. DOT HS 813 241). National Highway
Traffic Safety Administration.
\280\ May Chu, ``Statistical brief #62: Characteristics of
Persons Who Seldom or Never Wear Seat Belts 2002.'' https://meps.ahrq.gov/data_files/publications/st62/stat62.pdf.
\281\ Spado, D., Schaad, A., & Block, A. (2019, December). 2016
motor vehicle occupant safety survey; Volume 2: Seat belt report
(Report No. DOT HS 812 727). National Highway Traffic Safety
Administration.
\282\ Compared to the 2016 MVOSS, which had, depending on the
question, sample sizes of approximately 5,000 to 10,000.
\283\ For example, the 2016 MVOSS found that about 6% of drivers
reported using their belt sometimes (most of the time or some of the
time. See pg. 7 (Fig. 5) in the MVOSS.
Table 13--Seat Belt Use Characteristics
------------------------------------------------------------------------
Belt user and related items Rate (%)
------------------------------------------------------------------------
A reported ``sometimes using seat belts''............... 6.9
A reported ``seldom or never using seat belts when 5.4
driving or riding in a car''...........................
Percentage of drivers who always use seat belts, 87.7
calculated.............................................
---------------
Total............................................... 100.0
------------------------------------------------------------------------
As we did for the rear seats, NHTSA estimated the effectiveness and
benefits associated with requiring a seat belt warning system that
remains activated until the seat belts are buckled for the driver and
front outboard passenger seats. In developing this estimate, NHTSA used
the results of a study conducted by the Insurance Institute for Highway
Safety (IIHS) by Kidd et al. (2019) \284\ In the Kidd et al. (2019)
study, part-time belt users (who had a recent seat belt citation and
reported not always using a seat belt) drove two vehicles for a certain
period of time, a Chevrolet with three intermittent 7-second audible
warnings followed by either a BMW with a 100-second audible warning
(n=17) or a Subaru with an audible warning that continues until the
seat belt is buckled (n=16). (All of the vehicles provided a visual
warning that lasted until the seat belt was buckled.) Kidd et al. found
that, relative to the intermittent reminder (i.e., 7-second audible
reminder), the BMW warning with the 100-second audible reminder
increased seat belt use by 30% and the Subaru warning with
[[Page 61724]]
the indefinite audible warning increased belt use by 34%.\285\
---------------------------------------------------------------------------
\284\ ``The effects of persistent audible seat belt reminders
and a speed-limiting interlock on the seat belt use of drivers who
do not always use a seat belt,'' April 2019, David G. Kidd Insurance
Institute for Highway Safety, Jeremiah Singer Westat, Inc.
\285\ There were several limitations in this study, the main one
being that the number of study participants was small, and,
consequently, there was limited statistical power when comparing the
change in rate of belt use between the different vehicle technology
conditions. The study further discusses this and other limitations,
such as how the demographics of the study sample differs from part-
time belt users nationwide.
---------------------------------------------------------------------------
NHTSA estimates, based on the NOPUS, Chu, and IIHS studies, that a
requirement for an indefinite duration audible seat belt warning would
increase the overall observed seat belt use rate by 2.8 percentage
points for the driver and 2.4 percentage points for the front outboard
passenger from current observed seat belt use levels.
NHTSA also reviewed manufacturer data for model year 2020 vehicles
to determine market penetration of indefinite duration seat belt
warning systems in the front outboard seats and that of a 90-second or
greater duration warning and obtained the estimates in table 14.
Table 14--Market Penetration of Different Duration Seat Belt Audible
Warning Systems
------------------------------------------------------------------------
Percentage of
SBWS system sales
------------------------------------------------------------------------
<90 second warning...................................... 7.6
90 second and 90+ but not indefinite.................... 85.2
Enhanced--Warning until seat belt is buckled............ 7.2
------------------------------------------------------------------------
For front seat occupants, seat belts reduce the risk of fatality by
44% (for passenger cars) and 73% (for light trucks and vans).\286\ Seat
belts reduce the risk of moderate to greater severity injuries by up to
50%.\287\
---------------------------------------------------------------------------
\286\ See PRIA, Table 30.
\287\ See PRIA, Table 30.
---------------------------------------------------------------------------
Based on the estimated seat belt warning system effectiveness in
increasing seat belt use, the market penetration of different duration
seat belt audible warning systems, and the effectiveness of seat belts
in mitigating fatalities and injuries, NHTSA estimates that requiring
an audio-visual seat belt warning that remains activated until the seat
belt is buckled (indefinite duration) would prevent 65 driver
fatalities, 11 front outboard passenger fatalities, and a total of 211
injuries annually, as shown in table 15. This results in 92 equivalent
lives saved (Table 16).
Table 15--Estimated Annual Benefits--Lives Saved and Injuries Prevented--Indefinite SBWS (Front Outboard Seats)
----------------------------------------------------------------------------------------------------------------
Front
Injury level Driver passenger Total
----------------------------------------------------------------------------------------------------------------
MAIS 1.......................................................... 20.7 3.7 24.4
MAIS 2.......................................................... 120.0 20.5 140.5
MAIS 3.......................................................... 21.6 3.9 25.5
MAIS 4.......................................................... 17.4 3.1 20.5
MAIS 5.......................................................... 0.5 0.1 0.6
-----------------------------------------------
Total Injuries.............................................. 180.2 31.2 211.4
----------------------------------------------------------------------------------------------------------------
Fatal........................................................... 65.9 11.4 77.3
----------------------------------------------------------------------------------------------------------------
The estimated annual benefits in terms of equivalent lives saved is
shown in Table 17.
Table 16--Estimated Annual Benefits--Equivalent Lives Saved--Indefinite SBWS
[Front Outboard Seats]
----------------------------------------------------------------------------------------------------------------
3% Discount 7% Discount
Undiscounted rate rate
----------------------------------------------------------------------------------------------------------------
Driver.......................................................... 78.7 65.2 52.8
Front Passenger................................................. 13.6 11.3 9.2
-----------------------------------------------
Total....................................................... 92.3 76.5 62.0
----------------------------------------------------------------------------------------------------------------
We also estimated the costs of the proposed requirements. Since all
driver seats are required to have at least the basic warning system,
the incremental cost of enhanced seat belt warning for the driver seat
is zero. We assume there would be some labor costs associated with
software updates needed to extend the warning. However, as this is a
simple programming change, this cost would be amortized over each
vehicle's production and is therefore considered de minimis. Though
there are no requirements for a seat belt warning system for the front
outboard passenger seat, NHTSA estimates that 96 percent of vehicles
have seat belt warning systems on the front outboard passenger seat.
NHTSA estimated the cost of equipping a seat belt warning system in the
front outboard passenger seat to be $2.13 per seat. Therefore, the cost
of equipping the remaining 4 percent of the 16 million new vehicle
fleet is $1.36 million (= 16 million x 4 percent x $2.13).
Based on the foregoing, we performed benefit-cost and cost-
effectiveness analyses. The estimated net benefits are presented in
table 17 and the cost-effectiveness estimates are presented in Table
18.
[[Page 61725]]
Table 17--Annual Monetized Benefits, Costs and Net Benefits--Indefinite SBWS (Front Outboard Seats)
[2020 dollars, in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Driver Front passenger Driver and Front Passenger
--------------------------------------------------------------------------------------------------------
Undiscounted 3% 7% Undiscounted 3% 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger Car Benefits......................... $422.5 $353.0 $288.0 $79.9 $66.7 $54.4 $502.4 $419.7 $342.4
Light Truck & Van Benefits..................... 520.4 427.6 344.8 83.4 68.5 55.2 603.8 496.1 400
--------------------------------------------------------------------------------------------------------
Total Benefits............................. 942.9 780.5 632.8 163.3 135.2 109.7 1,106.2 915.8 742.5
Total Costs................................ 0 0 0 1.36 1.36 1.36 1.36 1.36 1.36
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Benefits................................... 942.9 780.5 632.8 161.9 133.9 108.3 1,104.8 914.4 741.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 18--Cost-Effectiveness Analysis (Cost per Equivalent Life Saved)--Indefinite SBWS (Front Outboard Seats)
[2020 dollars, in millions]
----------------------------------------------------------------------------------------------------------------
Discount rate ELS Cost Cost/ELS
----------------------------------------------------------------------------------------------------------------
3%.............................................................. 76.5 $1.36 $0.018
7%.............................................................. 62.0 1.36 0.022
----------------------------------------------------------------------------------------------------------------
3. Overall Benefits and Costs of Proposal
In Table 19, we combine the benefits and costs for the proposed
rear and front seat belt warning requirements. We estimate positive net
benefits under all discount rates and effectiveness estimates.
Table 19--Net Benefits From the Proposal (SBWS for Rear Seating
Positions and Indefinite SBWS for Front Outboard Seating Positions)
[2020 dollars, in millions]
------------------------------------------------------------------------
3% Discount 7% Discount
rate rate
------------------------------------------------------------------------
Front Outboard Seats.................... $914.4 $741.1
Rear Seats (3% increase in rear seat 95.6 46.2
belt use)..............................
Rear Seats (5% increase in rear seat 228.3 153.9
belt use)..............................
Total Net Benefits (3% increase in rear 1,010.0 787.4
belt use)..............................
Total Net Benefits (5% increase in rear 1,142.7 895.0
belt use)..............................
------------------------------------------------------------------------
In Table 20, we combine the equivalent lives saved and cost for the
proposed rear and front seat belt warning requirements to determine the
cost per equivalent life saved.
Table 20--Cost per Equivalent Lives Saved From the Proposal (SBWS for Rear Seating Positions and Indefinite SBWS for Front Outboard Seating Positions)
[2020 dollars, in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
-----------------------------------------------------------------------------------------------
Category % Cost per Cost per
Equivalent Cost equivalent Equivalent Cost equivalent
lives saved lives saved lives saved lives saved
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rear Seat Occupants............................. 3 21.9 $166.4 $7.61 17.7 $166.4 $9.38
5 32.9 5.05 26.7 6.23
Front Seat Occupants............................ 76.5 1.4 0.018 62.0 1.4 0.022
Total....................................... 3 98.4 167.8 1.71 79.7 167.8 2.11
5 109.4 1.53 88.7 1.89
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Regulatory Alternatives
In the preceding sections of this document, we discussed various
alternatives for different aspects of the proposed requirements. In
Section XIII, Regulatory Alternatives, we identified five major
alternatives that we considered. We quantified the costs and benefits
of three of these alternatives (rear-seat occupant detection, a 90-
second front outboard seat belt warning, and front center seat belt
warning). Below, we briefly summarize our results. For a more detailed
discussion, the reader is referred to the Preliminary Regulatory Impact
Analysis in the docket for this rulemaking.
1. Occupant Detection in Rear Seats
For the rear seat belt reminder, NHTSA is proposing to specify
three
[[Page 61726]]
different compliance options. One of these (the positive-only system)
would not necessitate occupant detection, while the other two (the
negative-only and full-status) would necessitate occupant detection.
NHTSA estimated the costs and benefits of requiring a system with
occupant detection.
NHTSA's teardown analysis indicates that occupant detection
components cost $39.75 per vehicle, which, added to the $19.59 per
vehicle cost of the buckle sensor, results in a combined warning system
cost of $59.33 per vehicle (2020 $). NHTSA estimates that about 47
percent of new vehicles have a SBWS for the rear seating positions and
7 percent of new vehicles have occupant detection in rear seats. If
NHTSA selected the regulatory alternative where occupant detection is
required, this would result in a total cost of $757.7M. This cost
estimate is based on the assumption that 53 percent of new vehicles
would need to install a seat belt sensor in the rear seats and 93
percent would need to also install occupant detection in the rear seats
to comply with the regulatory requirement.
Because there is uncertainty in how much more effective a SBWS with
occupant detection would be in increasing seat belt use compared to the
already estimated increase in seat belt use with the proposed SBWS
without occupant detection, NHTSA did not conduct a cost-effectiveness
and net benefits analysis. Instead, NHTSA estimated the minimum
increase in seat belt use for this regulatory alternative that would
result in overall benefits equal to the overall costs (zero net
benefits). The agency estimated that seat belt use for rear seat
occupants 11 years and older would need to increase by approximately
9.4 percent when discounted at 3 percent and 11.6 percent when
discounted at 7 percent for this regulatory alternative to result in
zero net benefits. Therefore, increase in seat belt use from this
regulatory alternative would need to be greater than 9.4 percent at 3
percent discount rate and greater than 11.6 percent at 7 percent
discount rate for positive net benefits. A 9 to 12 percent increase in
seat belt use is about 2 to 3 times greater than that estimated for the
proposed SBWS requirement. The SBWS considered under this regulatory
alternative are capable of letting the driver know, for occupied rear
seats, either which occupants are not using their seat belts or how
many of the rear seat occupants are not using their seat belts. While
we would expect some possible increase in seat belt use from that
specific functionality, it is doubtful that it would double or triple
the increase in seat belt use estimated for SBWS without occupant
detection. Therefore, we do not expect this regulatory alternative to
be cost-effective or net beneficial.
2. 90-Second Front Outboard Seat Belt Warning
NHTSA also estimated the costs and benefits if it were to require a
90-second audio-visual warning for the front outboard seats instead of
the proposed requirement for a warning that lasts until the belt and
any occupied seat is buckled. NHTSA estimated the benefits in a similar
manner as that for the proposed seat belt warning for front seat
occupants where the warning remains on until the seat belt is buckled.
One difference is that, for the 90-second duration alternative, we
assumed that the drivers and passengers who identify as never using a
seat belt would likely not use the seat belt with a 90-second duration
warning. Another difference is that this alternative only affects 7.6
percent of the vehicle fleet with front seat occupant seat belt warning
with duration less than 90 seconds.
The benefits of this alternative are presented in Table 21.
Table 21--Injuries Prevented, Lives Saved, and Equivalent Lives Saved in Front Outboard Seats by a 90-Second
Duration SBWS
----------------------------------------------------------------------------------------------------------------
Injuries and fatalities Equivalent lives saved
prevented -------------------------------
Injury level --------------------------------
Front Driver Front
Driver passenger passenger
----------------------------------------------------------------------------------------------------------------
MAIS 1.......................................... 1.84 0.22 0.01 0.00
MAIS 2.......................................... 9.85 1.18 0.46 0.05
MAIS 3.......................................... 1.77 0.22 0.19 0.02
MAIS 4.......................................... 1.43 0.18 0.38 0.05
MAIS 5.......................................... 0.04 0.00 0.02 0.00
Fatal........................................... 5.29 0.65 5.29 0.65
Total....................................... .............. .............. 6.34 0.77
----------------------------------------------------------------------------------------------------------------
About 7 equivalent lives are saved by this alternative, which is
significantly lower than the 86 equivalent lives saved by a warning
that remains on until the seat belt is buckled. The cost of this
alternative is the same as that for the proposed warning. The only cost
is that for the 4 percent of vehicles without a seat belt warning
system in the front outboard passenger seat (cost = $1.36 million). The
annual monetized benefits, costs, and net benefits of this alternative
are shown in Table 22.
Table 22--Annual Monetized Benefits, Costs and Net Benefits for a 90-Second Duration SBWS in Front Outboard Seats \288\
[2020 dollars, in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Driver Front passenger Driver and front passenger
Vehicle type -----------------------------------------------------------------------------------------------------------
Undiscounted 3% 7% Undiscounted 3% 7% Undiscounted 3% 7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
PC.......................................... $35.3 $29.5 $25.4 $4.7 $3.9 $3.2 $40.0 $33.4 $27.2
LTV......................................... 40.7 33.4 26.9 4.6 3.8 3.1 45.2 37.2 30.0
-----------------------------------------------------------------------------------------------------------
Total Benefits.......................... 75.9 62.9 51.0 9.3 7.7 6.2 85.2 70.6 57.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 61727]]
Costs....................................... 0 0 0 1.36 1.36 1.36 1.36 1.36 1.36
Net Benefits................................ 75.9 62.9 51.0 7.9 6.3 4.9 83.8 69.2 55.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
While this regulatory alternative is cost effective, the benefits
are significantly lower than that of the proposed warning.
---------------------------------------------------------------------------
\288\ See PRIA, Table 92.
---------------------------------------------------------------------------
3. Seat Belt Warning for Front Center Seat
The agency also considered requiring a seat belt warning system for
the front center seating position. To estimate incremental benefits,
NHTSA used the 2011-2015 FARS data, the adjustment factors to account
for safety impacts of new required safety technologies, and the injury-
to-fatality ratios by injury severity to establish the target
population addressed by this regulatory alterative (Table 23).
Table 23--Annual Adjusted Fatalities and Non-Fatal Injuries to Front Center Seat Passengers
----------------------------------------------------------------------------------------------------------------
Vehicle type Injury severity Restrained Unrestrained Total
----------------------------------------------------------------------------------------------------------------
PC.................................... MAIS 1.................. 11 15 26
MAIS 2.................. 5 7 11
MAIS 3.................. 1 2 3
MAIS 4.................. 1 1 2
MAIS 5.................. 0 0 0
-----------------------------------------------
Total Injuries (MAIS 1- 18 25 43
5).
Fatal................... 2 3 6
----------------------------------------------------------------------------------------------------------------
LTV................................... MAIS 1.................. 23 112 135
MAIS 2.................. 8 38 46
MAIS 3.................. 0 0 0
MAIS 4.................. 0 2 2
MAIS 5.................. 0 0 0
-----------------------------------------------
Total Injuries (MAIS 1- 31 152 183
5).
Fatal................... 5 23 28
----------------------------------------------------------------------------------------------------------------
Due to a lack of data, NHTSA is unable to establish the seat belt
use rate for front center passengers under the baseline. Also, due to
this limitation, the agency cannot estimate the increase in seat belt
use rates under this regulatory alternative. Since front center seat
passengers are most similar to right front seat passengers, NHTSA used
the effectiveness rates calculated for indefinite duration seat belt
warning system for the front outboard passenger seat to estimate
incremental benefits as shown in Table 24.
Table 24--Incremental Benefits for Indefinite Duration SBWS in Front Center Seating Position
----------------------------------------------------------------------------------------------------------------
Calculated
effectiveness of
indefinite
Injury severity Observed injuries duration SBWS for Incremental
front outboard benefits
passenger seats
(%)
----------------------------------------------------------------------------------------------------------------
Passenger Cars
----------------------------------------------------------------------------------------------------------------
MAIS 1................................................. 26 0.03 0.0078
MAIS 2................................................. 11 0.41 0.0466
MAIS 3................................................. 3 0.41 0.0129
MAIS 4................................................. 2 0.41 0.0093
MAIS 5................................................. 0 0.41 0.0002
Fatal.................................................. 6 0.43 0.0241
----------------------------------------------------------------------------------------------------------------
LTVs
----------------------------------------------------------------------------------------------------------------
MAIS 1................................................. 135 0.03 0.0405
[[Page 61728]]
MAIS 2................................................. 46 0.41 0.1878
MAIS 3................................................. 0 0.41 0.0012
MAIS 4................................................. 2 0.41 0.0088
MAIS 5................................................. 0 0.41 0.0006
Fatal.................................................. 28 0.43 0.1203
----------------------------------------------------------------------------------------------------------------
The cost for front center passenger seats would include the cost
for a buckle sensor and occupant detection. Therefore, the cost per
vehicle for this regulatory alternative is $14.86 in 2020 dollars. This
cost estimate reflects a cost of $2.13 to add a buckle sensor and the
cost to add occupant detection for $12.73.
In assessing the number of vehicles that would be impacted by this
regulatory alternative, we consider that the front center seat is not a
common feature in new light vehicles. Based on our engineering
judgement, we expect that 800,000 vehicles or five percent of the new
vehicle fleet include a center seating position. Table 25 presents the
total cost to meet the requirements under this regulatory alternative
for an indefinite duration SBWS for front center passenger seats.
Table 25--Total Cost of Indefinite Duration SBWS for Front Center
Passenger Seats
------------------------------------------------------------------------
Per vehicle
Number of vehicles impacted cost Total cost
------------------------------------------------------------------------
800,000............................... $14.86 $11,888,000
------------------------------------------------------------------------
Table 26 presents the of the cost-effectiveness analysis and Table
27 presents the benefit-cost analysis for this regulatory alternative.
When discounted at three and seven percent, the cost per ELS is
approximately $88.9 million and $110.0 million, respectively and the
net benefits are negative for this regulatory alternative. Because the
cost per ELS is higher than the comprehensive cost of a fatality and
the net benefits are negative, this regulatory alternative is not cost-
effective.
Table 26--Cost-Effectiveness Analysis for SBWS Front Center Seat Passengers
[Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discounted at 3% Discounted at 7%
-----------------------------------------------------------------------------------------------------
Category Cost per Cost per
Equivalent Cost equivalent Equivalent Cost equivalent
lives saved lives saved lives saved lives saved
--------------------------------------------------------------------------------------------------------------------------------------------------------
Front Center Seat................................. 0.1337 $11.89 $88.91 0.1081 $11.89 $110.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 27--Benefit-Cost Analysis for SBWS Front Center Seat Passengers
[Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discounted at 3% Discounted at 7%
-----------------------------------------------------------------------------------------------------
Category Monetized Monetized
benefits Cost Net benefits benefits Cost Net benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Front Center Seat................................. $1.60 $11.89 -$10.29 $1.29 $11.89 -$10.59
--------------------------------------------------------------------------------------------------------------------------------------------------------
XV. Proposed Effective Date
We received one comment responding to the ANPRM on the effective
date. The commenter said that adequate lead-time and phase-ins should
be provided. With respect to eliminating the eight-second limitation
for the front seat requirements, the commenter stated that R16 and the
corresponding FMVSS requirements are safety neutral, so compliance with
either of these requirements should be permitted for a sufficient
period of time to permit the orderly phase-out of current models with
long product refresh cycle durations.
In order to accelerate the fleet penetration of the proposed seat
belt warning requirements and to achieve the associated benefits as
quickly as reasonably possible, NHTSA proposes an effective date of the
first September 1 that is one year after the publication of the final
rule for the front seat belt warning system requirements and the first
September 1 that is two years after the publication of the final rule
for the
[[Page 61729]]
rear seat belt warning system requirements, with optional early
compliance permitted. For example, if the final rule were published on
October 1, 2022, the effective date would be September 1, 2024, for the
front seat belt warning system requirements and September 1, 2025, for
the rear seat belt warning system requirements. Consistent with 49 CFR
571.8(b), multi-stage manufacturers and alterers would have an
additional year to comply.
To equip vehicles with one of the proposed rear seat belt warning
systems, a manufacturer could utilize existing vehicle components such
as door sensors, audible signals, and the center console display.
Integrating a rear seat belt warning system in vehicles would require
equipping the rear seats with certain components most vehicles do not
already have, such as the appropriate seat belt use sensing technology
(seat belt latch sensors, which are readily available). Manufacturers
would also have to redesign the hardware and software as necessary to
incorporate the required signals, incorporate new visual signals in the
instrument panel (if the visual signal is located there) and validate
the performance of these components and systems. These endeavors take
time, which we estimate to be two years.
On the other hand, almost all vehicles (96%) already have a front
outboard passenger seat belt warning system. The majority of vehicle
manufacturers would simply have to make software adjustments necessary
to ensure it meets the proposed requirements. Occupant detection
technology is readily available and the majority of the front outboard
passenger seats already have a seat belt warning or occupant sensing
technology needed to meet the proposed requirements. We acknowledge
that a small portion of vehicles (4%) that do not have a front outboard
passenger seat belt warning system will require hardware and software
adjustments, but this is not a new technology and we believe
manufacturers can focus their resources accordingly to meet the front
seat belt warning system requirements earlier than the rear seat belt
warning system requirements.
Overall, the proposed seat belt warning requirements should not
require much interior redesign, nor should they require the use of much
new technology. When the FMVSS No. 208 driver seat belt warning was
first required in 1971, less than a year of lead time was given for
vehicles that chose a compliance option that required the warning.\289\
We believe that the proposed effective dates will provide manufacturers
with sufficient time to integrate the proposed rear and front passenger
seat belt warnings (if one is not already in place).
---------------------------------------------------------------------------
\289\ 36 FR 4600 (Mar. 10, 1971).
---------------------------------------------------------------------------
At the same time, we appreciate the challenges multi-stage
manufacturers and alterers may face as a result of these new rear seat
belt warning requirements in terms of obtaining and implementing the
necessary hardware. We note, however, that most of the components
necessary to meet the proposed minimum performance requirements for the
proposed seat belt warnings are readily available from original
equipment manufacturers and we do not foresee any major delays in
obtaining them. In order to provide flexibility to these small
businesses, and in accordance with 49 CFR 571.8(b), multi-stage
manufacturers and alterers would have an extra year of lead time.
We seek comment on these issues. If a commenter believes one year
does not provide sufficient lead time for the front seat warning, NHTSA
seeks comment on the types of vehicles for which additional lead time
is requested and the basis for such a request. Alternatively, if a
commenter believes the compliance period is too long in light of the
safety considerations addressed in this NPRM, NHTSA seeks comment on an
alternative compliance period.
XVI. Regulatory Analyses
Executive Order 12866, Executive Order 14094, Executive Order 13563,
and DOT Regulatory Policies and Procedures
We have considered the potential impact of this proposed rule under
Executive Order 12866, Executive Order 14094, Executive Order 13563,
DOT Order 2100.6A and the Department of Transportation's regulatory
policies and procedures.\290\ The Office of Management and Budget has
determined that this proposed rule is a significant regulatory action
and was reviewed under section 3(f)(1) of E.O. 12866, as amended by
E.O. 14094. Pursuant to E.O. 12866 and the Department's policies, we
have identified the problem this proposed rule addresses, assessed the
benefits and costs, and considered alternatives. These analyses have
been summarized in Section VI, Safety Need and Section XIV, Overview of
Benefits and Costs and are discussed in more detail in the docketed
preliminary regulatory impact analysis.
---------------------------------------------------------------------------
\290\ 49 CFR part 5, subpart B; Department of Transportation
Order 2100.6A, Rulemaking and Guidance Procedures, June 7, 2021.
---------------------------------------------------------------------------
Promoting International Regulatory Cooperation
The policy statement in section 1 of Executive Order 13609 provides
that the regulatory approaches taken by foreign governments may differ
from those taken by the United States to address similar issues, and
that in some cases the differences between them might not be necessary
and might impair the ability of American businesses to export and
compete internationally. It further recognizes that in meeting shared
challenges involving health, safety, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation and can reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
In addition, section 24211 of the Infrastructure, Investment, and
Jobs Act, Global Harmonization, provides that DOT ``shall cooperate, to
the maximum extent practicable, with foreign governments,
nongovernmental stakeholder groups, the motor vehicle industry, and
consumer groups with respect to global harmonization of vehicle
regulations as a means for improving motor vehicle safety.'' \291\
---------------------------------------------------------------------------
\291\ H.R. 3684 (117th Congress) (2021).
---------------------------------------------------------------------------
In developing this proposal, our intent was to harmonize with ECE
R16 and Euro NCAP as much as possible, but deviate where we believed it
was justified with respect to the Safety Act criteria (need for safety,
objectivity, practicability). The tentative reasons for following or
deviating in any of these respects are explained in detail in the
relevant section of the preamble. In general, we believe that although
the proposal deviates from R16 in some ways, the two are not
incompatible, so that it is possible to design a rear reminder system
that complies with the proposed requirements and is compatible with
R16. Further, almost all international NCAP programs, including those
in Europe, Japan, China, Korea, Latin America, Southeast Asia, and
Australia and New Zealand award points to vehicles that are equipped
with seat belt warning systems for passenger seating positions. Thus,
the proposed requirements are consistent with these international
programs and complement those international efforts to increase seat
belt use by all vehicle occupants.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by
[[Page 61730]]
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996), whenever an agency is required to publish an NPRM or final rule,
it must prepare and make available for public comment a regulatory
flexibility analysis (RFA) that describes the effect of the rule on
small entities (i.e., small businesses, small organizations, and small
governmental jurisdictions). The Small Business Administration's
regulations at 13 CFR part 121 define a small business, in part, as a
business entity ``which operates primarily within the United States.''
(13 CFR 121.105(a)). No regulatory flexibility analysis is required if
the head of an agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide a statement of the factual basis for certifying
that a rule will not have a significant economic impact on a
substantial number of small entities.
NHTSA has considered the effects of this proposed rule under the
Regulatory Flexibility Act. According to 13 CFR 121.201, the Small
Business Administration's size standards regulations used to define
small business concerns, manufacturers of the vehicles covered by this
final rule would fall under North American Industry Classification
System (NAICS) No. 336211, Automobile Manufacturing, which has a size
standard of 1,000 employees or fewer.
NHTSA estimates that there are three small light vehicle
manufacturers in the U.S. We estimate that there are several hundred
second-stage or final-stage manufacturers and alterers that could be
impacted by a final rule. The agency has analyzed the economic impact
on these entities. For the reasons discussed below and in the PRIA, we
tentatively conclude that if made final, this proposed rule would not
have a significant economic impact on a substantial number of small
entities.
The proposed rule would directly affect motor vehicle
manufacturers. However, we believe that the proposed rule would not
have a significant economic impact on these entities. Small
manufacturers are already certifying their vehicle's compliance, for
the driver position, with FMVSS No. 208's seat belt warning system
requirements. The means they use to certify to the current requirements
would be similar to or the same as those they would use to certify to
the proposed rear seat belt warning requirements.
Further, the proposed compliance test is a relatively simple test,
involving a test technician positioning a person or test dummy in a
seat and checking if the requisite signals activate. Checking to see if
visual and audible warnings activate for the driver seat belt warning
system has been a part of FMVSS No. 208 compliance testing for many
years, and manufacturers are knowledgeable about conducting such tests.
Small manufacturers have options available to certify compliance,
none of which will result in a significant economic impact on these
entities. The manufacturers can and do obtain seating systems from seat
suppliers and install the seats on the body following the instructions
of the seat supplier. Seat and seat belt suppliers are large entities
with resources available to assist small manufacturers in incorporating
the seat belt warning systems, if manufacturers need technical
assistance (which we do not think they will need, given the simplicity
of the systems, particularly those rear systems that do not involve
occupant detection). We do not believe that current manufacturing
practices would have to change significantly as a result of a final
rule.
In addition, we also believe that the proposed rulemaking would not
have a significant impact on small and limited-line vehicle
manufacturers because the market for the vehicles produced by these
entities is highly inelastic. Purchasers of these vehicles are
attracted by the desire to have an unusual vehicle. Further, all light
vehicles would have to comply with the proposed requirements. Since the
price of complying with the proposed rule would likely be passed on to
the final consumer, the price of competitor's models would increase by
similar amounts. Further, we do not believe that raising the price of a
vehicle to include the cost of a rear seat belt warning system would
have much, if any, effect on vehicle sales.
There are a significant number (several hundred) of second-stage or
final-stage manufacturers and alterers that would be impacted by a
final rule. These manufacturers buy incomplete vehicles to finish as
complete vehicles or modify previously-certified vehicles. Many of
these latter vehicles are van conversions; there are a variety of
vehicles affected.
To produce a vehicle, a final-stage manufacturer can either stay
within the incomplete vehicle document (IVD) furnished by the
incomplete vehicle manufacturer (which are typically large vehicle
manufacturers, such as GM or Ford), or the final-stage manufacturer can
work with incomplete vehicle manufacturers to enable the final-stage
manufacturer to certify to the new requirements.\292\ The final-stage
manufacturer can also certify to the standard using due care based on
an assessment of the information available to the manufacturer.
---------------------------------------------------------------------------
\292\ For a discussion of NHTSA's certification regulations for
final stage manufacturers, see 71 FR 28168, May 15, 2006, Docket No.
NHTSA-2006-24664, Response to petitions for reconsideration of a
final rule implementing regulations pertaining to multi-stage
vehicles and to altered vehicles. The Background section of that
document provides concepts and terminology relating to the
certification of multi-stage vehicles.
---------------------------------------------------------------------------
While there are a substantial number of multi-stage manufacturers
that could be impacted by the proposed rule, we believe that the impact
on them would not be significant. We note that these manufacturers are
already certifying their vehicles to FMVSS No. 208's seat belt warning
system requirements that apply to the driver seating position. They are
already familiar with the equipment and manufacturing processes
involved to certify their vehicles to seat belt warning system
requirements. Further, we anticipate that final-stage manufacturers
will base their vehicles on incomplete vehicles that already have the
SBRS installed rather than install the systems themselves.
For final-stage manufacturers working with incomplete vehicles that
do not have rear seats or SBRSs already installed, we tentatively
believe that completing vehicles to meet the proposed requirements
would be practicable. The manufacturers can obtain seats and seat belt
systems (with seat belt warning system) from suppliers. NHTSA
recognizes that the suppliers might be supplying larger vehicle
manufacturers during the development and lead time period, and do not
have the capabilities to handle all of the smaller manufacturers,
including final-stage manufacturers. The rulemaking proposal accounts
for this limitation by proposing to allow final-stage manufacturers an
additional year to comply with the proposed requirements, to provide
flexibility to these small entities and reduce the economic impact of
the proposed rule on them. (See also 49 CFR 571.8(b).)
For an alterer (a person who alters by addition, substitution or
removal of components [other than readily attachable components] a
certified vehicle before the first purchase of the vehicle other than
for resale), the impacts of the proposed rule would not be significant.
The proposed rule would allow alterers an additional year to comply
with the proposed requirements. If an alterer is removing
[[Page 61731]]
rear seats, the person making the alteration would simply have to be
careful not to affect the compliance of the seat belt warning system
for the remaining seats. (See 49 CFR 571.8(b).)
An alterer that is adding rear seats could obtain seating systems
with seat belt warning systems from seat suppliers and install the
seats on the body following the instructions of the seat supplier.
Changes may have to be made to the instrument panel area to add the
requisite visual signal, but the proposed rule provides flexibility to
manufacturers in providing the visual signal.
Executive Order 13132 (Federalism)
NHTSA has examined this proposed rule pursuant to Executive Order
13132 (64 FR 43255; Aug. 10, 1999) and concluded that no additional
consultation with States, local governments, or their representatives
is mandated beyond the rulemaking process. The agency has concluded
that the proposed rule does not have sufficient federalism implications
to warrant consultation with State and local officials or the
preparation of a federalism summary impact statement. The proposed rule
does not have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
NHTSA rules can have preemptive effect in two ways. First, the
National Traffic and Motor Vehicle Safety Act contains an express
preemption provision: When a motor vehicle safety standard is in effect
under this chapter, a State or a political subdivision of a State may
prescribe or continue in effect a standard applicable to the same
aspect of performance of a motor vehicle or motor vehicle equipment
only if the standard is identical to the standard prescribed under this
chapter. 49 U.S.C. 30103(b)(1). It is this statutory command by
Congress that preempts any non-identical State legislative and
administrative law address the same aspect of performance.
The express preemption provision described above is subject to a
savings clause under which ``[c]compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' 49 U.S.C. 30103(e). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of State common law tort causes of action by virtue of
NHTSA's rules--even if not expressly preempted.
This second way that NHTSA rules can preempt is dependent upon the
existence of an actual conflict between an FMVSS and the higher
standard that would effectively be imposed on motor vehicle
manufacturers if someone obtained a State common law tort judgment
against the manufacturer--notwithstanding the manufacturer's compliance
with the NHTSA standard. Because most NHTSA standards established by an
FMVSS are minimum standards, a State common law tort cause of action
that seeks to impose a higher standard on motor vehicle manufacturers
will generally not be preempted. However, if and when such a conflict
does exist--for example, when the standard at issue is both a minimum
and a maximum standard--the State common law tort cause of action is
impliedly preempted. See Geier v. American Honda Motor Co., 529 U.S.
861 (2000).
Pursuant to Executive Order 13132, NHTSA has considered whether
this proposed rule could or should preempt State common law causes of
action. The agency's ability to announce its conclusion regarding the
preemptive effect of one of its rules reduces the likelihood that
preemption will be an issue in any subsequent tort litigation.
To this end, the agency has examined the nature (e.g., the language
and structure of the regulatory text) and objectives of this proposed
rule and does not foresee any potential State requirements that might
conflict with it. NHTSA does not intend that this proposed rule preempt
state tort law that would effectively impose a higher standard on motor
vehicle manufacturers than that established by this proposed rule.
Establishment of a higher standard by means of State tort law would not
conflict with the standards proposed in this NPRM. Without any
conflict, there could not be any implied preemption of a State common
law tort cause of action.
National Environmental Policy Act
NHTSA has analyzed this NPRM for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action would not have a significant impact on the quality of
the human environment.
Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above in connection with E.O. 13132. NHTSA
notes further that there is no requirement that individuals submit a
petition for reconsideration or pursue other administrative proceeding
before they may file suit in court.
Paperwork Reduction Act
Under the procedures established by the Paperwork Reduction Act of
1995 (PRA) (44 U.S.C. 3501, et. seq.), Federal agencies must obtain
approval from the OMB for each collection of information they conduct,
sponsor, or require through regulations. A person is not required to
respond to a collection of information by a Federal agency unless the
collection displays a valid OMB control number. In this NPRM, NHTSA is
proposing new information collection requirements. The OMB has
promulgated regulations describing the process through which an agency
may request and receive clearance for its information collections.
Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must ask for
public comment on the following: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) how to enhance the quality,
utility, and clarity of the information to be collected; and (d) how to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated,
[[Page 61732]]
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses. In compliance with these requirements, NHTSA
asks for public comments on the Information Collection Request (ICR)
described below for a revision to NHTSA's existing clearance titled
``Consolidated Vehicle Owner's Manual Requirements for Motor Vehicles
and Motor Vehicle Equipment'' (OMB Control No. 2127-0541, which is
being forwarded to OMB for review and approval.
Title: Consolidated Vehicle Owner's Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment.
OMB Control Number: 2127-0541.
Type of Request: Revision of a previously approved collection.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from the date of
approval.
Summary of the Collection of Information:
The National Traffic and Motor Vehicle Safety Act authorizes the
Secretary of Transportation (NHTSA by delegation), at 49 U.S.C. 30111,
to issue Federal Motor Vehicle Safety Standards (FMVSS) that set
performance standards for motor vehicles and items of motor vehicle
equipment. Further, the Secretary (NHTSA by delegation) is authorized,
at 49 U.S.C. 30117, to require manufacturers to provide information to
first purchasers of motor vehicles or items of motor vehicle equipment
related to performance and safety in printed materials that are
attached to or accompany the motor vehicle or item of motor vehicle
equipment. NHTSA has exercised this authority to require manufacturers
to provide certain specified safety information to be readily available
to consumers and purchasers of motor vehicles and items of motor
vehicle equipment. This information is most often provided in vehicle
owners' manuals and the requirements are found in 49 CFR parts 563,
571, and 575. This information collection request only covers
requirements or requests to provide information that is not provided
verbatim in the regulation or standard. The information requirements or
requests are included in: Part 563, ``Event data recorders;'' FMVSS No.
108, ``Lamps, reflective devices, and associated equipment;'' FMVSS No.
110, ``Tire selection and rims;'' FMVSS No. 138, ``Tire Pressure
Monitoring Systems;'' FMVSS No. 202a, ``Head restraints;'' FMVSS No.
205, ``Glazing materials;'' FMVSS No. 208, ``Occupant crash
protection;'' FMVSS No. 210, ``Seat belt assembly anchorages;'' FMVSS
No. 213, ``Child restraint systems;'' FMVSS No. 225; ``Child restraint
anchorage systems:'' FMVSS No. 226, ``Ejection mitigation;'' FMVSS No.
303, ``Fuel System Integrity of Compressed Natural Gas Vehicles;''
Sec. 575.103, ``Truck-camper loading;'' Sec. 575.104, ``Uniform tire
quality grading standards;'' and Sec. 575.105, ``Vehicle rollover.''
NHTSA is seeking approval from OMB for a revision of this currently
approved collection.\293\
---------------------------------------------------------------------------
\293\ For a full description of the currently approved
information collection, please see the 60-day notice NHTSA published
on February 22, 2022 (87 FR 9787) and the 30-day notice NHTSA
published on October 14, 2022 (87 FR 62489).
---------------------------------------------------------------------------
In this NPRM, we propose requiring that the owner's manual describe
the vehicle's seat belt warning system features, including the
location, format, and meaning of the visual warnings. We also propose
that the owner's manual include instructions on how to make any manual
electrical connections for readily removable seats. The need for the
proposed collection is discussed in Section X.C.7. If the proposed
requirements are made final, we will ensure we obtain OMB approval for
the proposed information collection prior to the effective date of the
final rule.
Description of the likely respondents: Vehicle manufacturers.
Estimated Number of Respondents: 52.
Estimated Total Annual Burden Hours: 10,172.
This revision would increase the estimated annual burden hours for
FMVSS No. 208 by 1,544 hours to 4,294 hours (1,544 hours + 2,750 hours)
and the total estimated annual burden hours to 10,172. The change in
burden reflects changes as a result of the rulemaking requiring the
development of new information for the owner's manual amortized over
the 3 years the information collection is approved for. NHTSA believes
all manufacturers already have the engineering staff on hand needed to
write the required instructions, if not already available, which they
will accomplish in the regular performance of their duties. More
details on the ICR and burden calculations are found in the 30-day
notice NHTSA published on October 14, 2022 (87 FR 62489).
Table 28 provides a summary of the estimated hour burden and
associated labor costs.
Table 28--Estimated Annual Hour Burden and Associated Labor Costs
----------------------------------------------------------------------------------------------------------------
Number of
responses Estimated
Number of annually Estimated total annual
Part/section Brief title respondents (i.e., number total annual labor costs at
annually owner's burden hours $50.44/hour
manuals)
----------------------------------------------------------------------------------------------------------------
563........................... Event Data 22 9,405,000 203 $10,239
Recorders.
571.108....................... Lighting--VHAD.. 34 9,405,000 383 19,319
571.108....................... Lighting--SABs.. 22 15,048,000 613 30,920
571.110....................... Tire Selection 0 0 0 0
and Rims.
571.138....................... Tire Pressure 22 18,810,000 438 22,093
Monitoring.
571.202a...................... Head Restraints. 22 18,810,000 876 44,185
571.205....................... Glazing......... 34 19,140 176 8,877
571.208....................... Crash Protection 22 19,360,000 4,294 216,589
571.210....................... Belt Anchors.... 22 18,810,000 438 22,093
571.213....................... Child Restraints 22 968,000 20 1,009
571.225....................... Child Restraint 22 18,810,000 876 44,185
Anchorages.
571.226....................... Ejection 22 18,810,000 1,205 60,755
Mitigation.
571.303....................... CNG Fuel Systems 15 22,000 18.00 908
575.103....................... Truck-Camper 18 2,542,100 35.00 1,765
Loading.
575.104....................... Tire Quality.... 34 15,243,030 579.00 29,205
[[Page 61733]]
575.105....................... Utility Vehicles 22 2,970,000 18.00 908
-------------------------------
Totals.................... ................ .............. .............. 10,172 513,050
----------------------------------------------------------------------------------------------------------------
There are no proposed recordkeeping requirements associated with
this collection of information.
Estimated total annual costs of the proposed collection of
information: $8,726,501.
The FMVSS No. 208 seat belt reminder system owner's manual
information requirements would require an estimated additional 4 pages
to cover the general system information and the information on manual
electrical connections for readily removable rear seats. The only cost
associated with publishing this information would be the cost of
printing the required text. NHTSA estimates there are 17,600,000 new
vehicles each year that include the FMVSS No. 208 occupant crash
protection information in the owner's manual. Therefore, the estimated
annual cost to manufacturers would be increased by $755,040 (4 pages x
300 words per page x $0.00013 per word x .25 cost factor x 1.1
production factor x 17,600,000 manuals) bringing the total estimated
annual cost to $8,726,501.
The total annual cost to the respondents for the currently approved
collection of information published in vehicles' owner's manuals is
summarized in table 29 below. More details on the ICR and cost
calculations are found in the 30-day notice NHTSA published on October
14, 2022 (87 FR 62489).
Table 29--Estimated Annual Costs
------------------------------------------------------------------------
Estimated
Part/section Brief title total costs to
respondents
------------------------------------------------------------------------
563............................ Event Data Recorders... $30,566
571.108........................ Lighting--VHAD......... 38,208
571.108........................ Lighting--SABs......... 244,530
571.110........................ Tire Selection and Rims 0
571.138........................ Tire Pressure 244,530
Monitoring Systems.
571.202a....................... Head Restraints........ 733,590
571.205........................ Glazing................ 131
571.208........................ Occupant Crash 4,152,720
Protection.
571.210........................ Seat Belt Assembly 244,530
Anchors.
571.213........................ Child Restraints 15,730
Systems.
571.225........................ Child Restraints 943,800
anchorage systems.
571.226........................ Ejection Mitigation.... 1,833,975
571.303........................ Fuel System Integrity 36
of Compressed Natural
Gas Vehicles.
575.103........................ Truck-Camper Loading... 39,657
575.104........................ Uniform Tire Quality 193,205
Grading Standards.
575.105........................ Vehicle Rollover....... 11,293
---------------
Total Costs................ ....................... 8,726,501
------------------------------------------------------------------------
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Please submit any comments, identified by the docket number in the
heading of this document, by the methods described in the ADDRESSES
section of this document to NHTSA and OMB. Although comments may be
submitted during the entire comment period, comments received within 30
days of publication are most useful.
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.'' Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as SAE (formerly, the
Society of Automotive Engineers). The NTTAA directs this agency to
provide Congress, through OMB, explanations when the agency decides not
to use available and applicable voluntary consensus standards.
While the agency is not aware of any voluntary standards that exist
regarding the seat belt warnings contemplated in
[[Page 61734]]
this proposed rule, the agency has examined relevant regulations in
other countries, such as the European Union standard ECE R16. As
discussed above, although we are not aware of any foreign regulations
that require seat belt warnings for the front outboard passenger or
rear seat belts or for the driver seat on small buses, we believe that
requiring seat belt warnings for these seating positions and for the
driver seats on small buses meets a safety need and is practicable.
Severability
The issue of severability of FMVSSs is addressed in 49 CFR 571.9.
It provides that if any FMVSS or its application to any person or
circumstance is held invalid, the remainder of the part and the
application of that standard to other persons or circumstances is
unaffected. NHTSA seeks comment on the issue of severability.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) (UMRA)
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 expenditures by States, local
or tribal governments, in the aggregate, or by the private sector, of
$100 million or more (adjusted annually for inflation with base year of
1995) in any one year. Adjusting this amount by the implicit gross
domestic product price deflator for 2022 results in $177 million
(111.416/75.324 = 1.48). The assessment may be included in conjunction
with other assessments, as it is here.
UMRA requires the agency to select the ``least costly, most cost-
effective or least burdensome alternative that achieves the objectives
of the rule.'' As discussed above, the agency considered alternatives
to the final rule and has concluded that the requirements are the most
cost-effective alternatives that achieve the objectives of the rule.
The proposed rule on SBRS is not likely to result in expenditures
by State, local or tribal governments of more than $100 million
annually. However, it is estimated to result in the expenditure by
automobile manufacturers and/or their suppliers by approximately $168
million annually. The estimated costs are discussed in Section XIV and
the PRIA.
We have tentatively concluded that the requirements we are
proposing in this NPRM are the most cost-effective alternatives that
achieve the objectives of the rule.
Plain Language
Executive Order 12866 and E.O. 13563 require 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.
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.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. In order to facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. 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).
XVII. Public Participation
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 indicated in 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.
If you are submitting comments electronically as a PDF (Adobe)
file, NHTSA asks that the documents be submitted using the Optical
Character Recognition (OCR) process, thus allowing NHTSA to search and
copy certain portions of your submissions.
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.transportation.gov/regulations/dot-information-dissemination-quality-guidelines.
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If you wish the Docket to notify you upon its receipt of your
comments, enclose a self-addressed, stamped postcard in the envelope
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How do I submit confidential business information?
You should submit a redacted ``public version'' of your comment
(including redacted versions of any additional documents or
attachments) to the docket using any of the methods identified under
ADDRESSES. This ``public version'' of your comment should contain only
the portions for which no claim of confidential treatment is made and
from which those portions for which confidential treatment is claimed
has been redacted. See below for further instructions on how to do
this.
You also need to submit a request for confidential treatment
directly to the Office of Chief Counsel. Requests for confidential
treatment are governed by 49 CFR part 512. Your request must set
[[Page 61735]]
forth the information specified in part 512. This includes the
materials for which confidentiality is being requested (as explained in
more detail below); supporting information, pursuant to Sec. 512.8;
and a certificate, pursuant to Sec. 512.4(b) and part 512, appendix A.
You are required to submit to the Office of Chief Counsel one
unredacted ``confidential version'' of the information for which you
are seeking confidential treatment. Pursuant to Sec. 512.6, the words
``ENTIRE PAGE CONFIDENTIAL BUSINESS INFORMATION'' or ``CONFIDENTIAL
BUSINESS INFORMATION CONTAINED WITHIN BRACKETS'' (as applicable) must
appear at the top of each page containing information claimed to be
confidential. In the latter situation, where not all information on the
page is claimed to be confidential, identify each item of information
for which confidentiality is requested within brackets: ``[ ].''
You are also required to submit to the Office of Chief Counsel one
redacted ``public version'' of the information for which you are
seeking confidential treatment. Pursuant to Sec. 512.5(a)(2), the
redacted ``public version'' should include redactions of any
information for which you are seeking confidential treatment (i.e., the
only information that should be unredacted is information for which you
are not seeking confidential treatment).
NHTSA is currently treating electronic submission as an acceptable
method for submitting confidential business information to the agency
under part 512. Please do not send a hardcopy of a request for
confidential treatment to NHTSA's headquarters. The request should be
sent to Dan Rabinovitz in the Office of the Chief Counsel at
[email protected]. You may either submit your request via email
or request a secure file transfer link. If you are submitting the
request via email, please also email a courtesy copy of the request to
John Piazza at [email protected].
Will the agency consider late comments?
We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments that the docket receives after
that date. If the docket 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 the docket 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, go to https://www.regulations.gov. Follow the online instructions for accessing the
dockets.
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 periodically check the Docket for new material.
You can arrange with the docket to be notified when others file
comments in the docket. See www.regulations.gov for more information.
Appendix A--Front Outboard Seat Belt Warnings--Additional Data
In Section XI we looked at the durations of the visual and audible
seat belt warnings for the driver and front outboard passenger seats
provided on new (MY 2022) vehicles. There we tabulated warning
durations by the proportion of total projected sales of the vehicle
models within each durational range. In this appendix, we provide a
brief discussion of, and data for, the warning durations provided in
new vehicles tabulated by the number of vehicle models within each
durational range. The results are largely the same but do show some
differences. The differences could be attributed to lack of projected
sales data for some vehicle models, but we provide other potential
explanations below.
For example, when tabulated by vehicle model instead of as a share
of total projected sales, a larger proportion of vehicles have a very
short duration audible seat belt warning. As we saw in the discussion
in Section XI, only a very small proportion of new vehicles projected
to be sold have a very short-duration audible warning lasting six or
eight seconds (about 1% for the driver warning, and .3% for the
passenger warning). However, the share of vehicles with such short
warnings is substantially higher when tabulated as a proportion of
vehicle models (about 17% for the driver warning and 14% for the
passenger warning) (see Figure A.1). This could be because these
vehicles are not expected to have a high sales volume.
The same situation holds for longer duration audible warnings. A
large proportion of the vehicles projected to be sold provide a warning
that lasts at least 1.5 min (90 + sec) (92% for the driver warning, 76%
for the passenger warning), while the share of vehicles with this
warning duration is substantially lower when tabulated as a proportion
of vehicle models (about 80% for both the driver and passenger
warnings) (see Figure A.1). In this case these vehicle models are
likely high sales volume vehicles. Similar differences are also
apparent for the visual warning. See Figure A.2.
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We believe the analysis in terms of sales volume is more
meaningful, because that reflects the number of vehicles that are
actually equipped with--and occupants that are actually exposed to--
such warnings. For example, while only a small proportion of vehicles
(about 1% by sales volume) have a very short-duration driver audible
warning (six or eight seconds), these vehicles account for about 17% of
vehicle models for which we had data. That is, very short warnings
appear to be provided in a relatively high proportion of small-volume
vehicle models. However, the sales volume data better reflects how
common these short duration warnings are--relatively not that common in
the sense that only a small proportion of new vehicles sold have these
very short duration warnings.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles.
Proposed Regulatory Text
For the reasons discussed in the preamble, the National Highway
Traffic Safety Administration proposes to amend 49 CFR part 571 as
follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
Subpart B--Federal Motor Vehicle Safety Standards
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.
0
2. Amend Sec. 571.101 by:
0
a. Revising paragraph S5.5.6; and
0
b. Revising table 1 and table 2.
The revisions read as follows.
Sec. 571.101 Standard No. 101; Controls and displays.
* * * * *
S5.5.6(a) Except as provided in S5.5.6(b) and (c), messages
displayed in a common space may be cancelable automatically or by the
driver.
(b) Telltales for high beams, turn signal, low tire pressure, and
passenger air bag off, and telltales for which the color red is
required in table 1 to Sec. 571.101 must not be cancelable while the
underlying condition for their activation exists.
(c) Telltales for the seat belts must not be cancellable by the
driver before the minimum durations are satisfied but may be
cancellable automatically as specified in FMVSS No. 208.
* * * * *
[[Page 61737]]
Table 1 to Sec. 571.101 Controls, Telltales, and Indicators With
Illumination or Color Requirements \1\
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[[Page 61738]]
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[[Page 61739]]
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[[Page 61740]]
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Notes:
\1\ An identifier is shown in this table if it is required for a
control for which an illumination requirement exists or if it is
used for a telltale for which a color requirement exists. If a line
appears in column 2 and column 3, the control, telltale, or
indicator is required to be identified, however the form of the
identification is the manufacturer's option. Telltales are not
considered to have an illumination requirement, because by
definition the telltale must light when the condition for its
activation exists.
\2\ Additional requirements in FMVSS 108.
\3\ Framed areas of the symbol may be solid; solid areas may be
framed.
\4\ Blue may be blue-green. Red may be red-orange.
\5\ Symbols employing four lines instead of five may also be
used.
\6\ The pair of arrows is a single symbol. When the controls or
telltales for left and right turn operate independently, however,
the two arrows may be considered separate symbols and be spaced
accordingly.
\7\ Not required when arrows of turn signal telltales that
otherwise operate independently flash simultaneously as hazard
warning telltale.
\8\ Separate identification is not required if function is
combined with master lighting switch.
\9\ Refer to FMVSS 105 or FMVSS 135, as appropriate, for
additional specific requirements for brake telltale labeling and
color. If a single telltale is used to indicate more than one brake
system condition, the brake system malfunction identifier must be
used.
\10\ Requirement effective September 1, 2011.
\11\ A manufacturer may use this telltale in flashing mode to
indicate ESC operation.
\12\ This symbol may also be used to indicate the malfunction of
related systems/functions, including traction control, trailer
stability assist, comer brake control, and other similar functions
that use throttle and/or individual wheel torque control to operate
and share common components with ESC.
\13\ Combination of the engine oil pressure symbol and the
engine coolant temperature symbol in a single telltale is permitted.
\14\ Use when engine control is separate from the key locking
system.
\15\ If the speedometer is graduated in both miles per hour and
in kilometers per hour, the scales must be identified ``MPH'' and
``km/h'', respectively, in any combination of upper- and lowercase
letters.
\16\ The letters `P', `R', `N', and `D' are considered separate
identifiers for the individual gear positions. Their locations
within the vehicle, and with respect to each other, are governed by
FMVSS 102. The letter `D' may be replaced by another alphanumeric
character or symbol chosen by the manufacturer.
\17\ Required only for FMVSS 138 compliant vehicles.
[[Page 61741]]
\18\ Alternatively, either low tire pressure telltale may be
used to indicate a TPMS malfunction. See FMVSS 138.
\19\ Required only for vehicles manufactured on or after
September 1, 2007.
\20\ A symbol may be used at the manufacturer's option as
provided in FMVSS No. 208 S7.5.
\21\ These are the colors for the symbols if symbols are chosen.
If a symbol is used to indicate to the driver how many or which rear
seat belts are in use, the color of the illuminated symbol must be
green. If symbols are used to indicate to the driver how many or
which rear seat belts are not in use the color of the illuminated
symbol must be red. See FMVSS 208 S7.5(c)(1).
Table 2 to Sec. 571.101 Identifiers for Controls, Telltales and
Indicators With No Color or Illumination Requirements
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Notes:
1. Use when engine control is separate from the key locking
system.
2. Any combination of upper- or lowercase letters may be used.
3. Framed areas may be filled.
4. If a line appears in Column 2 and Column 3, the Control,
Telltale or Indicator is required to be identified, however the form
of the identification is the manufacturer's option.
5. Separate identification not required if function is combined
with Master Lighting Switch.
0
3. Amend Sec. 571.208 by:
0
a. Adding paragraphs S4.1.5.7, S4.1.5.7.1, S4.1.5.8, S4.1.5.8.1,
S4.2.8, S4.2.8.1, S4.2.9, S4.2.9.1, S4.4.3.4, S4.4.3.4.1, S4.4.3.5,
S4.4.3.5.1, and S4.5.1.(f)(3);
0
b. Revising paragraph S4.5.3.3(b); and
0
c. Adding paragraph S7.5.
The revisions and additions read as follows:
Sec. 571.208 Standard No. 208; Occupant crash protection.
* * * * *
S4.1.5.7. Front seat belt warnings for passenger cars manufactured
on or after [insert date the first September 1 that is one year after
the date of publication of a final rule].
S4.1.5.7.1 Any front outboard designated seating position and any
inboard designated seating position for which a seat belt warning is
specified in S4.1.5.6 shall comply with S7.5.
S4.1.5.8. Rear seat belt warnings for passenger cars manufactured
on or after [insert date the first September 1 that is two years after
the date of publication of a final rule].
S4.1.5.8.1. All rear designated seating positions, except in law
enforcement vehicles, shall comply with S7.5.
* * * * *
S4.2.8 Front seat belt warnings for trucks and multipurpose
passenger
[[Page 61742]]
vehicles manufactured on or after [insert date the first September 1
that is one year after the date of publication of a final rule] with a
GVWR of 4,536 kg (10,00 lb) or less.
S4.2.8.1. All front outboard designated seating positions certified
to a compliance option requiring a seat belt shall comply with S7.5.
S4.2.9 Rear seat belt warnings for trucks and multipurpose
passenger vehicles manufactured on or after [insert date the first
September 1 that is two years after the date of publication of a final
rule] with a GVWR of 4,536 kg (10,00 lb) or less.
S4.2.9.1. All rear designated seating positions certified to a
compliance option requiring a seat belt, except law enforcement
vehicles, shall comply with S7.5.
* * * * *
S4.4.3.4 Front seat belt warnings for buses manufactured on or
after [insert date the first September 1 that is one year after the
date of publication of a final rule] with a GVWR of 4,536 kg (10,000
lb) or less.
S4.4.3.4.1 All front outboard designated seating positions shall
comply with S7.5.
S4.4.3.5 Rear seat belt warnings for buses manufactured on or after
[insert date the first September 1 that is two years after the date of
publication of a final rule] with a GVWR of 4,536 kg (10,000 lb) or
less.
S4.4.3.5.1 All rear designated seating positions certified to a
compliance option requiring a seat belt, except for school buses and
law enforcement vehicles, shall comply with S7.5.
* * * * *
S4.5.1 Labeling and owner's manual information.
* * * * *
(f) * * *
(3) The owner's manual (which includes information provided by the
vehicle manufacturer to the consumer, whether in digital or printed
form) for any vehicle equipped with a seat belt warning system must
include an accurate description of the system features and warning
signals, including the location and format of the visual warnings, in
an easily understandable format. The description shall include
information on when the different features of the warning system will
activate and how to interpret the visual warnings. For vehicles with
any rear designated seating position that is a readily removable seat
(a seat designed to be easily removed and replaced by means installed
by the manufacturer for that purpose) equipped with manual electrical
connections that are utilized by the rear seat belt warning system, the
owner's manual (which includes information provided by the vehicle
manufacturer to the consumer, whether in digital or printed form) must
include a description of the purpose of the connection, instructions on
how to achieve a proper connection in an easily understandable format,
and a description of how not achieving a proper connection may affect
the proper functioning of the system.
* * * * *
S4.5.3.3 An automatic seat belt furnished pursuant to S4.5.3 shall:
* * * * *
(b) Conform to the seat belt warning system requirements of S7.5.
* * * * *
S7.5 Seat belt warning systems for front outboard seat belt
assemblies in vehicles manufactured on or after [insert date the first
September 1 that is one year after the date of publication of a final
rule] provided in accordance with the requirements of S4.1.5.7, S4.2.8,
S4.4.3.4, and S4.5.3.3, and rear seat belt assemblies in vehicle
manufactured on or after [insert date the first September 1 that is two
years after the date of publication of a final rule] provided in
accordance with the requirements of S4.1.5.8, S4.2.9, S4.4.3.5, and
S4.5.3.3.
(a) Definitions for S7.5. (1) A manual seat belt is not in use when
the seat belt latch mechanism is not fastened. A seat belt is in use
when the seat belt latch mechanism is fastened. An automatic seat belt
is not in use when the seat belt latch mechanism is not fastened or, if
the automatic belt is non-detachable, the emergency release mechanism
is in the released position. If the automatic seat belt is motorized,
whether the seat belt is in use is determined when the seat belt
webbing is in its locked protective mode at the anchorage point.
(2) A front outboard passenger seating position is occupied when an
occupant or dummy that weighs 46.7 kg (103 lb) or greater and is 139.7
cm (55 inches) tall or taller is seated in the seat.
(3) A rear seating position is occupied when an occupant or dummy
that weighs 21 kg (46.5 lb) or greater and is 114 cm (45 inches) tall
or taller is seated in the seat.
(4) A warning cycle for an intermittent audible warning consists of
period(s) when the warning is active at the chime frequency or
continuously, and of inactive period(s). A warning cycle begins with an
active period and is 30 seconds in duration.
(5) Chime frequency means the repetition rate for an intermittent
audible warning when the warning is active.
(6) Duty cycle means the total amount of time an intermittent
audible warning is active during a warning cycle at the chime frequency
or continuously, divided by the total warning cycle duration (30
seconds).
(b) Front outboard seat belt warning system. For vehicles subject
to this requirement, a driver's designated seating position and any
front outboard passenger designating seating position must be equipped
with an audio-visual seat belt warning meeting the requirements of
S7.5(b)(1) through (5) when tested in accordance with S7.5(d).
(1) Activation and duration--(i) Start of trip warning. An audio-
visual warning must activate when the ignition switch is placed in the
``on'' or ``start'' position if the seat is occupied and the seat belt
is not in use. The audio-visual warning must continue until the seat
belt that triggered the warning is in use. The audio-visual warning is
otherwise not permitted to activate except to comply with
S7.5(b)(1)(ii).
(ii) Change-of-status warning. An audio-visual warning must
activate when the ignition switch is in the ``on'' or ``start''
position, the vehicle is in forward or reverse drive mode, and the
status of the seat belt changes from in use to not in use, unless a
front door on the same side of the vehicle as the seat belt triggering
the warning is open, in which case a warning is not required and the
system may consider this as a new trip with respect to that seat belt
and reset the warning system. The audio-visual warning must continue
until the seat belt that triggered the warning is in use.
(2) Visual warning. (i) If there is a driver's designated seating
position, the visual warning for the driver's seat belt must be visible
from the driver's seat and the visual warning for the front outboard
passenger seat belt must be visible from the driver's seat and the
front outboard passenger seat.
(ii) If there is not a driver's designated seating position, the
visual warning for each outboard passenger designated seating position
must be visible from each outboard passenger designated seating
position.
(iii) The visual warning may be continuous or intermittent and must
display the identifying symbol or the words specified in table 2 of
FMVSS 101.
(iv) For telltales associated with multiple front outboard seats,
the seat with which each telltale is associated must be clearly
recognizable to a driver and to any front outboard passenger.
[[Page 61743]]
(3) Audible warning. The audible warning may be continuous or
intermittent. If intermittent, the audible warning when active must be
continuous or have a chime frequency of at least 0.5 Hz and a duty
cycle of at least 0.2. The same audible warning may be used for all
seats.
(4) Cancellation. The warning must not be able to be canceled or
deactivated.
(5) Override. The warning must not be overridden by other warnings.
(c) Rear passenger seat belt warning system. For vehicles subject
to this requirement, all rear designated seating positions must be
equipped with a warning system that conforms to the requirements of
S7.5(c)(1) through (6) when tested in accordance with S7.5(d).
(1) Activation and duration--(i) Start of trip warning. A visual
warning must activate when the ignition switch is placed in the ``on''
or ``start'' position and last for at least 60 seconds, except for
systems certified to S7.5(c)(2)(i)(B) when there are no occupied rear
seats with a seat belt that is not in use.
(ii) Change-of-status warning. An audio-visual warning must
activate when the ignition switch is in the ``on'' or ``start''
position, the vehicle is in forward or reverse drive mode, and the
status of the seat belt changes from in use to not in use, unless any
rear door is open, in which case a change-of-status warning is not
required and the system may consider this situation as a new trip with
respect to that seat belt and reset the warning system. The audio-
visual warning must last for at least 30 seconds or until the seat belt
that triggered the warning is in use.
(2) Visual warning. (i) The visual warning may be continuous or
intermittent and must consist of symbols or text visible from the
driver's seat indicating:
(A) How many or which rear seat belts are in use;
(B) For the occupied rear seats, how many or which rear seat belts
are not in use;
(C) For the occupied rear seats, how many or which rear seat belts
are in use and how many or which rear seat belts are not in use; or
(D) (For the change-of-status warning only) that a seating position
experienced a seat belt change-of-status from in use to not in use.
(ii) The warning must not indicate a seat belt is not in use for an
unoccupied seat.
(iii) If symbols are used to indicate to the driver how many or
which rear seat belts are in use, the color of the illuminated symbols
must be green. If symbols are used to indicate to the driver how many
or which rear seat belts are not in use, the color of the illuminated
symbols must be red.
(iv) If text is used to indicate to the driver how many or which
rear seat belts are in use or not in use, the text must contain the
words ``rear belt(s) in use'' or ``rear belt(s) not in use.''
(v) The visual warning must not be overridden by other visual
warnings.
(3) Audible warning. The audible warning may be continuous or
intermittent. If intermittent, inactive periods longer than 3 seconds
will not be counted toward the total duration of the audible warning.
The same audible warning may be used for all rear seats, and the same
audible warning may be used for the rear as for the front.
(4) Cancellation. The warning must not be able to be canceled or
deactivated.
(5) Override. The warning must not be overridden by other warnings.
(6) Seat electrical connection requirements. Any rear designated
seating position consisting of a readily removable seat (a seat
designed to be easily removed and replaced by means installed by the
manufacturer for that purpose) that is equipped with electrical
connections utilized by the rear seat belt warning system must either--
(i) Automatically connect the electrical connections when the seat
is put in place; or
(ii) If a manual electrical connection is required, the connectors
must be readily accessible.
(7) Electrical connection warning signal. Vehicles that provide a
visual warning according to S7.5(c)(2)(i)(B) and are equipped with any
readily removable rear seat(s) (a seat designed to be easily removed
and replaced by means installed by the manufacturer for that purpose)
must, when the ignition switch is placed in the ``on'' or ``start''
position, provide an intermittent visual warning visible from the
driver's seat if a seat has been installed and a proper electrical
connection has not been made. The visual warning must remain active
until all the rear seat electrical connections are properly made.
(d) Test procedures--(1) In general. (i) If testing with any
designated seating position occupied, use the seating procedures in
S7.5(d)(2) for front designated seating positions and the seating
procedures in S7.5(d)(3) for rear designated seating positions.
(ii) Place the ignition switch in the ``on'' or ``start'' position
and verify that the seat belt warnings function as specified in S7.5(b)
and S7.5(c), for any combination of seat belt use or seat occupancy at
any designated seating position(s).
(2) Seating procedures for front designated seating positions--(i)
Anthropomorphic test devices used for testing. The anthropomorphic test
device (test dummy) is any of the anthropomorphic test devices
specified in part 572 that meet the criteria specified in S7.5(a)(2).
(ii) Seating procedure. (A) With the seat back in the
manufacturer's nominal design riding position, any other seat
adjustments in any position, and any adjustable seat belt anchorages in
any position, seat the test dummy such that the midsagittal plane of
the dummy is vertical and within 10 mm of the seat
centerline, with the torso and pelvis in contact with the seat back.
(B) At the option of the manufacturer (irrevocably selected prior
to or at the time of certification of the vehicle), instead of using
test dummies, a human being (dressed in a cotton T-shirt, full length
cotton trousers, and sneakers) may be used whose weight and height
(including this clothing) meet the criteria specified in S7.5(a)(2).
The person should be seated in order to match, to the extent possible,
the final physical position specified in S7.5(d)(2)(ii)(A).
(3) Seating procedures for rear designated seating positions--(i)
Anthropomorphic test devices used for testing. The anthropomorphic test
device is any of the anthropomorphic test devices specified in part 572
that meet the criteria specified in S7.5(a)(3).
(ii) Seating procedure. (A) With the seat back in the
manufacturer's nominal design riding position, any other seat
adjustments in any position, and any adjustable anchorages in any
position, seat the test dummy such that the midsagittal plane of the
dummy is vertical and within 10 mm of the seat centerline,
with the torso and pelvis in contact with the seat back; or
(B) At the option of the manufacturer (irrevocably selected prior
to or at the time of certification of the vehicle), instead of using
test dummies, a human being (dressed in a cotton T-shirt, full length
cotton trousers, and sneakers) may be used whose weight and height
(including this clothing) meet the criteria specified in S7.5(a)(3).
The person should be seated in order to match, to the extent possible,
the final physical position specified in S7.5(d)(3)(ii)(A).
* * * * *
Issued under authority delegated in 49 CFR 1.95, 501.4, and
501.5.
Ann Carlson,
Acting Administrator.
[FR Doc. 2023-18413 Filed 9-6-23; 8:45 am]
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