Event Data Recorders, 102810-102834 [2024-29862]

Download as PDF 102810 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 563 [Docket No. NHTSA–2024–0084] RIN 2127–AM12 Event Data Recorders National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This final rule amends regulations regarding event data recorders (EDRs) to extend the EDR recording period for timed data metrics from 5 seconds of pre-crash data at a frequency of 2 Hz to 20 seconds of precrash data at a frequency of 10 Hz. This final rule responds to the mandate of the Fixing America’s Surface Transportation Act (FAST Act) to establish the appropriate recording period in NHTSA’s EDR regulation. DATES: Effective Date: This rule is effective January 17, 2025. Compliance Dates: The compliance date is September 1, 2027. Vehicles produced by small-volume or limitedline manufacturers must comply with this final rule on or after September 1, 2029. Altered vehicles and vehicles manufactured in two or more stages must comply with this final rule if manufactured on or after September 1, 2030. Petition for reconsideration: Petitions for reconsideration of this final rule must be received not later than February 3, 2025. ADDRESSES: Petitions for reconsideration of this final rule must refer to the docket number set forth above (NHTSA–2024– 0084) and be submitted to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Note that all petitions received will be posted without change to https://www.regulations.gov, including any personal information provided. Confidential Business Information: If you wish to submit any information under a claim of confidentiality, you should submit your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, at the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should submit a copy, from which you have deleted the claimed confidential business information, to Docket Management at khammond on DSK9W7S144PROD with RULES SUMMARY: VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 the address given above. When you send a submission containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation (49 CFR part 512). Please see further information in the Regulatory Notices and Analyses section of this preamble. Privacy Act: The petition will be placed in the docket. Anyone is able to search the electronic form of all documents received into any of our dockets by the name of the individual submitting the 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 (65 FR 19477–78) or you may visit https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov, or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Joshua McNeil, Office of Crashworthiness Standards, Telephone: (202) 366–1810, Facsimile: (202) 493–2739. For legal issues: Ms. Natasha D. Reed, Office of the Chief Counsel, Telephone: (202) 366–2992, Facsimile: (202) 366– 3820. The mailing address for these officials is: National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background A. Overview of the Event Data Recorder Technology and Regulatory History B. The Fixing America’s Surface Transportation Act III. Notice of Proposed Rulemaking A. Developments Culminating in the NPRM B. Summary of the NPRM C. Requirements of the Final Rule D. Lead Time IV. Final Rule and Response to Comments A. Recording Duration and Sampling Rate B. EDR Components C. Additional Data Elements D. Privacy Considerations E. International Harmonization F. Other Considerations V. Summary of Estimated Costs and Benefits A. Benefits B. Costs VI. Rulemaking Analyses and Notices PO 00000 Frm 00136 Fmt 4700 Sfmt 4700 I. Executive Summary NHTSA established 49 CFR part 563 (part 563) in 2006, setting forth requirements for data elements, data capture and format, data retrieval, and data crash survivability of EDRs.1 Part 563 does not mandate EDRs on vehicles, but is instead an ‘‘if equipped’’ standard applying only to light vehicles required to have frontal air bags that a manufacturer chooses to voluntarily equip with EDRs.2 Part 563 ensures all EDRs subject to the regulation capture the same core set of data elements in a crash, standardizes the parameters (format, duration, etc.) of captured data elements, and sets minimum requirements for data survivability.3 Part 563 further requires that manufacturers of vehicles with EDRs subject to part 563 make commercially available a tool for the purpose of downloading 4 the data collected by the EDR. This rulemaking amends current NHTSA regulations regarding EDRs under part 563 by extending the capture and recording period for timed data metrics from 5 seconds of pre-crash data at a sample rate of 2 Hz to 20 seconds of pre-crash data at a sample rate of 10 Hz (i.e., an increase from 2 samples per second to 10 samples per second). The objective of this amendment is to capture and record the appropriate amount of data to provide sufficient vehicle-related data to assist investigations of the cause of motor vehicle crashes. This rulemaking is issued in response to a statutory mandate under section 24303 of the Fixing America’s Surface Transportation Act (FAST Act), Pub. L. 119–14 (Dec. 4, 2015). The increased sample rate required by this final rule will provide crash investigators a better understanding of the sequence of pre-crash actions, and 1 71 FR 50998 (Aug. 28, 2006). 2012, NHTSA proposed to convert part 563’s ‘‘if equipped’’ requirements for EDRs into a new Federal Motor Vehicle Safety Standard (FMVSS) mandating the installation of EDRs in most light vehicles. The NPRM did not propose making any changes to the current EDR regulation’s performance requirements, including those for the required data elements (77 FR 74144 (Dec. 13, 2012)). In 2019, NHTSA withdrew that proposal due to the near universal installation of EDRs on light vehicles (84 FR 2804 (Feb. 8, 2019)). 3 Part 563 requires EDR data to survive the crash tests in FMVSS Nos. 208, ‘‘Occupant crash protection,’’ and 214, ‘‘Side impact protection.’’ 4 For the purposes herein, we are using the term ‘‘downloading’’ to refer to the process by which data are retrieved from an EDR. When downloading the data on an EDR, the original data set remains intact and unchanged in the memory banks of the EDR. NHTSA has also used the term ‘‘imaging’’ in other documents to refer to the same process. NHTSA uses imaging and downloading interchangeably. 2 In E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102811 the increased recording duration will provide more details on actions taken prior to crashes. Specifically, with the implementation of this final rule’s increased recording duration, actions such as running a stop sign or red light could be captured in full and included in crash reconstruction when supplemented with roadway and traffic control information. The increased recorded duration could also help capture any corrective maneuvers taken by a vehicle prior to an initial road departure. The increased data recording frequency required by this final rule will help clarify the interpretation of recorded pre-crash information, including braking and steering actions taken by a vehicle. It will also help reduce potential uncertainty related to the relative timing of recorded data elements, and assist with the identification of potential pedal misapplication. khammond on DSK9W7S144PROD with RULES II. Background A. Overview of the Event Data Recorder Technology and Regulatory History Event data recorders are devices installed in a vehicle to capture and record technical information immediately before and during a crash on the status and operation of vehicle systems. An EDR reserves a random access memory (RAM) buffer the size of one EDR record to locally store data before the data are written to memory. The data are typically stored using Electrically Erasable Programmable Read-Only Memory (EEPROM) or data flash memory,5 both of which are types of non-volatile memory. The RAM buffer is typically embedded in the microprocessor, a component of the EDR that may require an upgrade if the processing capabilities are insufficient to meet the new EDR data capture requirements. During a crash, one or more capacitors are used as backup power (energy reserve) to power the EDR, as the main battery is assumed to be cut off. The capacitor(s) must have sufficient energy to power the entire transfer of data. These components are housed in packaging and manufacturer development and validation stages are aimed at ensuring the EDR functions as intended. EDR event data are permanently recorded at the end of a specified event. In most cases, data are captured during events meeting a pre-determined threshold of severity or in events severe enough to cause air bag deployment. 5 Flash memory is an electronic computer memory storage medium that can be electrically erased and reprogrammed and can retain stored information even when power is removed. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 This information can aid crash investigators in assessing the performance of specific safety equipment, including event air bag deployment strategies, air bag operation, and event severity. Captured information can also help NHTSA and others identify potential opportunities for safety improvements in current and future vehicles and implement more effective safety regulations. It may also help first responders assess the severity of a crash, estimate the probability of serious injury in vehicles equipped with Advanced Automatic Crash Notification (AACN) systems, and improve defect investigations and crash data collection quality. NHTSA established 49 CFR part 563 (part 563) on August 28, 2006, setting forth requirements for the accuracy, collection, storage, survivability, and retrievability of data in vehicles equipped with EDRs.6 Tables I and II of part 563 detail the various data elements covered under the standard. Table I lists 15 data elements all EDRs subject to part 563 are required to record, along with the recording interval (duration) and sampling frequency. Table II lists data elements that EDRs subject to part 563 are not required to record, but that are subject to part 563 if they are recorded. Two data elements in Table II are listed as ‘‘if equipped,’’ meaning if a vehicle has the specified equipment, the specified information must be recorded. Table II also provides the recording interval (duration) and sampling frequency for each listed data element. In addition, all data elements in Tables I and II must be reported according to the range, accuracy, and resolution in Table III of part 563. Relevant to this final rule, there are currently seven data elements in Table I and Table II that must be captured for a duration of 5 seconds prior to the crash (speed, engine throttle, service brake, engine RPM, ABS activity, stability control, and steering input). NHTSA established this 5-second duration after concluding this length would ensure the usefulness of the data in crash reconstruction while minimizing the risk of overtaxing an EDR’s microprocessor during the data capture process, which could cause a malfunction resulting in data loss.7 Part 563 became fully effective on September 1, 2012. Since this time, the adoption of EDRs has been nearly universal, as NHTSA’s internal analysis 6 71 FR 50998 (Aug. 28, 2006). proposed a recording duration of 8 seconds in the NPRM for what became the 2006 final rule (69 FR 32942 (June 14, 2004)). However, NHTSA decided to reduce the duration in response to public comments (71 FR 50998, 51020 (Aug. 28, 2006)). 7 NHTSA PO 00000 Frm 00137 Fmt 4700 Sfmt 4700 estimates 99.5 percent of model year 2021 passenger cars and other vehicles with a gross vehicle weight rating (GVWR) of 3,855 kilograms (kg) (8,500 pounds) or less are equipped with part 563 compliant EDRs.8 B. The Fixing America’s Surface Transportation Act This rulemaking addresses a statutory mandate under section 24303 of the FAST Act, which requires NHTSA to ‘‘submit to Congress a report that contains the results of a study conducted by the Administrator to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event in order to provide sufficient information to investigate the cause of motor vehicle crashes.’’ 9 The FAST Act further provides that, within two years of submitting this report to Congress, NHTSA ‘‘shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles.’’ 10 This final rule promulgates regulations to establish appropriate EDR data recording durations as mandated under the FAST Act. III. Notice of Proposed Rulemaking A. Developments Culminating in the NPRM To meet the agency’s initial obligation under section 24303 of the FAST Act, NHTSA contracted with researchers at Virginia Polytechnic Institute and State University (Virginia Tech) to conduct a study (the ‘‘EDR Duration Study’’) to determine the amount of time EDRs should capture and record information to provide sufficient vehicle-related data to support investigation of the cause of motor vehicle crashes. The study focused on three crash types that could potentially benefit from more than the currently required 5 seconds of precrash data: rear-end, intersection, and roadway departure crashes. These three crash modes were selected because they comprised approximately 70 percent of 8 87 FR 37289 (June 22, 2022). See supra note 2 and accompanying text. The 2012 NPRM estimated that about 92 percent of model year 2010 light vehicles had some EDR capability. 9 Pub. L. 114–94, 129 Stat. 1312, December 4, 2015. 10 Id. E:\FR\FM\18DER1.SGM 18DER1 102812 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations all passenger vehicle crashes annually,11 require relatively longer maneuvering times, and represent the most prevalent and relatively severe crashes based on fatalities. The EDR Duration Study 12 took place in two phases. Phase I sought to estimate how frequently EDRs fail to record sufficient pre-crash data. Phase I did not analyze the amount of pre-crash data required to capture crash causation beyond the 5 seconds currently required under part 563. Analyzing cases in the National Automotive Sampling SystemCrashworthiness Data System (NASS– CDS) database, Phase I determined part 563’s current recording duration of 5 seconds failed to capture the initiation of all driver crash avoidance maneuvers for each of the three crash types studied. Evasive steering initiation represented the largest percentage of avoidance maneuvers not captured by the 5 second recording duration in all three crash types.13 The study concluded the 5second recording duration may be insufficient in many cases to determine the factors leading to a crash or to capture the pre-crash actions taken by a driver to avoid collision, potentially resulting in crash investigators having insufficient crash-related EDR information to determine crash causation. Phase II of the EDR Duration Study sought to determine what recording duration would provide crash investigators with sufficient data to determine crash causation. The study analyzed data from naturalistic driving studies (NDS) 14 to understand the complete duration (5 seconds or greater) of driver pre-crash actions in the following three types of crashes: rearend, intersection, and road departure. Phase II found that 20 seconds of precrash data would encompass the 90th percentile recording duration required for the three crash modes and crash avoidance maneuvers analyzed. This conclusion means that, based on the cumulative distributions for all three crash modes and crash avoidance maneuvers analyzed, 20 seconds of precrash data recording captures the driver pre-crash actions in 90 percent of the dataset.15 Table 1 summarizes the relevant Phase II findings. A more detailed summary of the EDR Duration Study can be found in the NPRM associated with this rulemaking. TABLE 1—SUMMARY OF RECORDING DURATION NECESSARY TO CAPTURE PRE-CRASH ACTIONS FROM EDR DURATION STUDY Duration of pre-crash action (seconds) Driver pre-crash maneuver 50th percentile Rear-End Crash: Time to Closest Approach .................................................................................................................... Intersection Crash: Approach + Traversal ........................................................................................................................... Road Departure Crash: * Drift out of lane to Recovery ................................................................................................................ 90th percentile 4.5 12.3 12.6–15.1 16 16.0–18.6 3.2 6.0 * Lane excursion events were examined in the 100-car NDS. On June 22, 2022, pursuant to section 24303 of the FAST Act, NHTSA issued a notice of proposed rulemaking (NPRM) to amend part 563.18 The NPRM relied on the findings of the EDR Duration Study and information gathered from NHTSA’s defects investigation experience, which has demonstrated EDR data can be used to assist the agency in assessing whether a vehicle operated properly at the time of an event can help detect undesirable operations.19 Based on these findings and information, the NPRM proposed extending the recording interval and data sample rate of pre-crash data elements under part 563 from 5 seconds of pre-crash data at a frequency of 2 Hz to 20 seconds of pre-crash data at a frequency of 10 Hz (i.e., an increase from 2 samples per second to 10 samples per second). The seven frequency-based pre-crash data elements affected by the proposed amendments are: • Three required data elements in Table I of part 563: ‘‘Speed, Vehicle Indicated,’’ ‘‘Engine throttle, % full (or accelerator pedal, % full),’’ and ‘‘Service brake, on/off,’’ • Four ‘‘if recorded’’ data elements in Table II of part 563: ‘‘Engine RPM,’’ ‘‘ABS activity (engaged, non-engaged),’’ ‘‘Stability control (on, off, engaged),’’ and ‘‘Steering input.’’ In support of the proposal, the NPRM explained that the EDR Duration Study concluded extending part 563’s recording duration from 5 to 20 seconds would help capture critical pre-crash 11 Derived from the NHTSA report ‘‘Target Crash Population for Crash Avoidance Technologies in Passenger Vehicles,’’ March 2019, DOT HS 812 653. 12 Event Data Recorder Duration Study [Appendix to a Report to Congress. Report No. DOT HS 813 082B], 2022, https://doi.org/10.21949/1530244. 13 From Phase I, the EDR failed to record the initiation of steering in 80% of rear-end crashes, 64% of intersection crashes, and 88% of road departure crashes. 14 Phase II used data from two previously conducted naturalistic driving studies: a 2002 100car study conducted by Virginia Tech, and the 2016 Second Strategic Highway Research Program (SHRP–2) NDS conducted by the Transportation Research Board of The National Academies. 15 This duration is influenced heavily by the inclusion of intersection crashes. Without the inclusion of intersection crashes, 12.3 seconds of data would encompass the 90th percentile recording duration for rear-end and road departure crashes. 16 The range of time shown for intersection crashes was derived from intersections with different numbers of lanes. The lower bound represents time for 2-lane intersections and the upper bound represents time for 7-lane intersections. 17 The 2018 report ‘‘Event Data Recorder Study’’ is available at https://www.nhtsa.gov/reports-tocongress. An appendix to the report to Congress was later published in March 2022 with more details on the EDR Duration Study. See ‘‘Event Data Recorder Duration Study [Appendix to a Report to Congress. Report No. DOT HS 813 082B],’’ 2022, https://doi.org/10.21949/1530244. 18 87 FR 37289 (June 22, 2022) 19 In 2010, NHTSA began to obtain data from Toyota EDRs as part of its inquiry into allegations of unintended acceleration, and as a follow-up to the recalls of some Toyota models for sticking and entrapped accelerator pedals. The Toyota unintended acceleration study (NHTSA Report No. NHTSA–NVS–2011–ETC, ‘‘Technical Assessment of Toyota electronic Throttle Control (ETC) Systems,’’ January 2011) helped determine the root cause of each crash. On September 28, 2018, following completion of the EDR Duration Study, NHTSA submitted a Report to Congress summarizing the study results to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation, as required by section 24303 of the FAST Act.17 khammond on DSK9W7S144PROD with RULES B. Summary of the NPRM VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 PO 00000 Frm 00138 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102813 data. The NPRM also proposed increasing the EDR sampling frequency of pre-crash data from 2 Hz to 10 Hz,20 explaining that an increased sampling rate, in addition to an increased precrash recording duration, is critical in determining crash causation. In support of the proposal, the NPRM explained that in some crash circumstances (e.g., brake application and release or rapid reversals in steering input of less than 0.5 seconds), 2 Hz may be insufficient to identify crash causation factors, as it is possible for an EDR recording at 2 Hz to miss rapid vehicle control inputs. Thus, although more crash causation information would be captured with the proposed 20 second time duration, this data could be misinterpreted without a refinement and increase in the EDR sampling acquisition frequency. The NPRM further explained an improved data sampling rate is needed because of how fast the sequence of events leading to crashes can happen and how fast the vehicle’s systems need to activate in response to such events, such as crash avoidance technologies activation (e.g., antilock braking system and electronic stability control). In support of increasing the EDR sampling frequency of pre-crash data from 2 Hz to 10 Hz, the NPRM noted the current sampling rate of 2 Hz is well below the timing necessary to understand the performance and effectiveness of such systems. Additionally, it explained the EDR output for the pre-crash data elements is not synchronized,21 even at the sampling rate of 2 Hz, which could result in uncertainty when comparing data at specific points in time with precision. Finally, the NPRM pointed out a greater sampling rate for the precrash data elements would reduce potential uncertainty related to the relative timing of data elements, specifically for correlating the driver’s commands and the vehicle’s performance. In discussing the benefits of the proposal, the NPRM stated increasing the recording time for the pre-crash data would help ensure that data on the initiation of pre-crash actions and maneuvers is captured for most crashes. The NPRM further explained that increased data will enhance the usefulness of the recorded information and potentially lead to further improvements in the safety of current and future vehicles. The NPRM acknowledged the proposed changes could add additional costs, as increased EDR memory may be required in some cases. However, the agency explained it believed needed memory changes could be incorporated into the existing or planned memory design in vehicles, based on how slight any increased memory requirements needed to accommodate the added EDR data storage would be. The agency further explained its belief that in most cases the amount of additional memory necessary to comply with the proposed requirements would be less than the unused memory on a vehicle’s airbag control module (ACM) chip. Finally, the agency stated it anticipated the proposal would require no additional processor speed or backup power needs, despite the proposed increases in recording duration and frequency. The NPRM proposed an effective date of the first September 1 one year after the publication of the final rule. The agency explained that a one-year lead time was appropriate because increasing the required pre-crash data recording time should not require any additional hardware or substantial redesign of either the EDR or the vehicle and would likely require only minimal software changes. NHTSA sought comments on several aspects of the NPRM, including: 1. The need and practicability of increasing the pre-crash recording duration. 2. The need and practicability of increasing the sampling rate. 3. Whether current EDRs will need to increase their memory capacity or change the memory implementation strategy (i.e., short term memory buffer verse long-term storage) to meet the new requirements. 4. Whether the NPRM’s cost estimates and assumptions are accurate, including comments on whether there are other costs (e.g., redesign for a larger unit, additional capacity for Random-Access Memory (RAM), etc.), or other factors the agency needs to consider. 5. Any potential impact of the NPRM’s proposal on the ACM processor and associated cost. 6. Comments on the proposed lead time. 7. Comments on the DOT’s Office of the Secretary’s Privacy Office (DOT Privacy Office) tentative determination that the proposed rulemaking does not create privacy risk, as no new or substantially changed technology would collect, maintain, or disseminate information in an identifiable form because of the proposed rule. The agency received responses from a wide variety of stakeholders and interested persons in response to the NPRM’s request for comments. These comments are available in the docket for the NPRM 22 and are discussed in detail in the response to comments section below. C. Requirements of the Final Rule After careful consideration of comments received and the requirements of the FAST Act, NHTSA is promulgating this final rule to amend regulations regarding EDRs. Under this final rule, the recording duration and data sample rate of 7 data elements in Tables I and II under part 563 will increase to 20 seconds at 10 Hz from the previous requirements of 5 seconds at 2 Hz, as proposed by the NPRM and shown in Table 2. TABLE 2—NEW EDR REQUIREMENTS UNDER FINAL RULE Previous requirements Recording interval/time 1 (relative to time zero) (sec) khammond on DSK9W7S144PROD with RULES Data element Requirements under final rule Data sample rate (samples per second) Recording interval/time (relative to time zero) (sec) Data sample rate (samples per second) Recording interval/time (relative to time zero) Speed, vehicle indicated .......................................................... 20 Table I in part 563 currently requires an EDR to capture pre-crash data at a sample rate of 2 samples per second (Hz). The same sample rate applies to Table II elements of engine revolutions per minute (RPM), anti-lock braking system (ABS) VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 ¥5.0 to 0 status, electronic stability control (ESC) status, and steering input. 21 While true time synchronization of data originating from the vehicle network may not be possible, the increased sample rate for pre-crash PO 00000 Frm 00139 Fmt 4700 Sfmt 4700 ¥20.0 to 0 2 10 data elements may reduce the potential uncertainty related to the relative timing of data elements, specifically for correlating the driver’s commands and the vehicle’s performance. 22 NHTSA–2022–0021. E:\FR\FM\18DER1.SGM 18DER1 102814 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations TABLE 2—NEW EDR REQUIREMENTS UNDER FINAL RULE—Continued Previous requirements Recording interval/time 1 (relative to time zero) (sec) Data element Engine Throttle, % full (or accelerator pedal, % full) .............. Service brake, on/off ................................................................ Requirements under final rule Data sample rate (samples per second) ¥5.0 to 0 ¥5.0 to 0 Recording interval/time (relative to time zero) (sec) Data sample rate (samples per second) ¥20.0 to 0 ¥20.0 to 0 2 2 10 10 Data Elements Required for Vehicles Under Specified Minimum Conditions 2 (Table II) Engine rpm .............................................................................. ABS activity (engaged, non-engaged) ..................................... Stability control (on, off, or engaged) ...................................... Steering input ........................................................................... ¥5.0 ¥5.0 ¥5.0 ¥5.0 to to to to 0 0 0 0 ¥20.0 ¥20.0 ¥20.0 ¥20.0 2 2 2 2 to to to to 0 0 0 0 10 10 10 10 1 Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is ¥0.1 to 1.0 sec (e.g., T = ¥1 would need to occur between ¥1.1 and 0 seconds.) 2 If the data for these data elements is recorded in non-volatile memory for the purpose of subsequent downloading, they must meet the recording duration and frequency requirements in part 563. The approach of this final rule is generally consistent with that of the NPRM. Minor non-substantive changes have been made to the final rule’s regulatory text in the interest of simplification and organizational purposes, including by maintaining the current language of § 563.3. Additionally, based on comments received we have adjusted estimated costs and modified the lead time to provide manufacturers the time necessary to make any software, testing, and development changes required to ensure the EDR captures and records pre-crash data without affecting air bag deployment, while still fulfilling the agency’s statuary mandate in a reasonable amount of time. khammond on DSK9W7S144PROD with RULES D. Lead Time The NPRM sought to provide adequate lead time to manufacturers to allow them to incorporate necessary changes as part of their routine production cycles while also limiting the transition costs associated with the standardization of EDR data. To that end, the NPRM proposed an effective date of the first September 1 one year after the publication of the final rule. The NPRM estimated that 99.5 percent of model year 2021 passenger cars and other vehicles with a GVWR of 3,855 kg or less had part 563-compliant EDRs. As discussed in the cost section of the NPRM, the agency believed that increasing the required pre-crash data recording duration and data sample rate would not require additional hardware or substantial redesign of the EDR or vehicle and would likely require only minimal software changes and testing for validation. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 Comments NHTSA received several comments criticizing the agency’s proposed oneyear lead time, with commenters stating it did not consider the complexity of EDR implementation, along with the time needed for testing and validation to ensure the primary and secondary functionalities of the EDR. Commenters expressed that a lead time of one year could compromise safety and suggested alternative lead times ranging around 3 to 4 years. Several commenters also suggested a phase-in schedule extending out several years following publication of the final rule to allow manufacturers more time to significantly redesign the current software and hardware on their EDRs. The Motor & Equipment Manufacturers Association (MEMA) stated that software for a new vehicle is typically completed 18 months prior to the start of production, and that suppliers also require 18 months to deliver a validated update to manufacturers, along with an additional 18 months to test and certify the new system. Commenters also sought exemptions for vehicle platforms nearing the end of their lifecycle within 1–2 years of the Final Rule. The Alliance for Automotive Innovation (Auto Innovators) expressed concern that the short lead time, additional memory requirements, and other system resources necessary to meet the proposed increase in pre-crash recording duration and frequency could result in some manufacturers being forced to deactivate the EDR function entirely, or to shift EDR resources by choosing not to record Table II or ADAS system status data elements. Though supportive of the proposal, the Insurance Institute for Highway Safety and Highway Loss Data Institute PO 00000 Frm 00140 Fmt 4700 Sfmt 4700 (IIHS–HLDI) commented that if manufacturers were not able to meet the new requirements given the one-year lead time, they may instead choose to disable EDR functionality. IIHS–HLDI indicated support of a longer lead time to avoid the loss of any EDR data before the new requirements can be met. The National Transportation Safety Board (NTSB) indicated the proposed lead time was reasonable and that the proposed changes from 5 seconds of pre-crash data at 2 Hz to 20 seconds of pre-crash data at 10 Hz should be practical to implement. Agency Response NHTSA acknowledges comments from vehicle manufacturers and others stating that the NPRM’s proposed lead time would not allow manufacturers to incorporate the proposed changes as part of their regular production cycle. NHTSA agrees with comments received stating that a longer lead time is needed to allow manufacturers the flexibility to better manage the implementation of the final rule and alleviate unnecessary redesign costs for EDRs. Following review of comments received and further analysis, this final rule doubles the proposed lead time to accommodate manufacturer concerns, while also fulfilling the agency’s statuary mandate under the FAST Act in a reasonable amount of time. As a result, the revised requirements will be implemented beginning with vehicles manufactured on or after September 1, 2027. Limited line 23 and small-volume 23 Limited line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year. E:\FR\FM\18DER1.SGM 18DER1 khammond on DSK9W7S144PROD with RULES Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102815 manufacturers 24 will only need to produce compliant EDRs on or after September 1, 2029. Manufacturers producing altered vehicles or vehicles in two or more stages will have one additional year, until September 1, 2030, for compliance. Extending the lead time beyond 2 years is not necessary. NHTSA understands that some vehicle models already have sufficient hardware to meet the requirements of this final rule, with one manufacturer indicating that a majority of its vehicle models are already equipped with sufficient hardware. NHTSA acknowledges that those EDRs would still potentially require up to 2 years of software development and testing to ensure their quality meets this final rule’s part 563 requirements and that air bag deployment, if the EDR function shares resources with the restraint systems, is not affected by the extended duration and sampling rate of the EDR pre-crash data. Based on NHTSA’s internal analysis of EDR records in the Crash Investigation Sampling System (CISS), other manufacturers also have some EDR modules that could meet the requirements of this final rule without hardware changes. The agency did consider a phase-in period in response to timing concerns raised by manufacturers, but ultimately did not find that compelling reasons were presented to justify a phase-in period. However, in acknowledgment that some EDRs will require changes to meet the requirements of this final rule, the agency is doubling the initially proposed lead time to provide manufacturers with sufficient time to make the minor modifications adopted in this final rule. In support of this decision, NHTSA is aware that manufacturers across the globe can meet much shorter EDR lead times in other markets, such as Europe and Japan. NHTSA is not aware of any peculiarities of the U.S. market that would necessitate lead times double, triple, or quadruple the lead times in other markets. NHTSA also acknowledges the concern raised by some commenters that manufacturers may choose to deactivate EDRs because of their inability to meet the requirements within the proposed 1-year lead time. NHTSA does not share that concern, and in any event, this final rule’s extended lead time, which provides 24 Small-volume manufacturer as defined in 49 CFR 571.127, ‘‘Automatic emergency braking systems for light vehicles,’’ is an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 additional flexibility to manufacturers, should mitigate this concern. However, this final rule does not change the voluntary nature of part 563, and manufacturers remain free to decide if their vehicle will have EDR functionality based on their own considerations. Although the system that activates air bags in a vehicle may share resources with the EDR functionality, we emphasize that the performance of systems that deploy air bags (e.g., supplemental restraint system) to mitigate injuries in a crash should not be negatively affected in order to develop an EDR that meets today’s new requirements. IV. Final Rule and Response to Comments NHTSA received 21 comments on the proposed rule from a wide variety of commenters, including: advocacy groups, supplier and trade associations, vehicle manufacturers, manufacturer associations, insurance institutes, industry association consultants, engineer organizations, and members of the public. The safety advocacy groups included the Advocates for Highway & Auto Safety (Advocates) and the Center for Auto Safety (CAS). The supplier and trade associations included Robert Bosch LLC and Bosch Automotive Service Solutions (Bosch) and MEMA. Manufacturers and manufacturer associations included Nissan Motor Co., LTD. (Nissan), Ford Motor Company (Ford), American Honda Motor Co. (Honda), General Motors Company (GM), and Auto Innovators. Insurance institutes and industry associations commenting on the NPRM included the National Association of Mutual Insurance Companies (NAMIC), State Farm Insurance Companies (State Farm), and joint comments from the Insurance Institute for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI). The consultants and engineering organizations included the Event Data Recorder Committee of SAE International (SAE), the Collision Safety Institute (CSI), and QuantivRisk, Inc. NHTSA also received comment from the NTSB, and four comments from members of the public. Overall, safety advocates (CAS and Advocates), insurance institutes and industry associations (NAMIC, IIHS– HLDI, and State Farm), NTSB, and three public commentors generally supported the proposed amendment. However, they recommended NHTSA consider expanding part 563 requirements through such additions as new data elements for emerging safety systems like advanced driver-assistance systems PO 00000 Frm 00141 Fmt 4700 Sfmt 4700 (ADAS) and automated driving systems (ADS), increased vehicle weight limits applicable to all newly manufactured passenger vehicles, and a revised trigger threshold to include crashes involving vulnerable road users. These commenters also expressed support for the agency’s work with international organizations to harmonize EDR requirements, including groups like the United Nations Economic Commission for Europe (UN ECE), the World Forum for Harmonization of Vehicle Regulations (WP.29), and EDR technical working groups (e.g., SAE International). Other commenters questioned and criticized some aspects of the NPRM, including the proposed lead time and estimated costs. Commenters in this group included vehicle manufacturers and manufacturer associations, industry suppliers and trade associations (including MEMA), industry experts and engineering organizations (SAE, CSI, and QRI), and one individual member of the public. Several commenters indicated the NPRM’s proposed lead time was insufficient and suggested longer lead times. The following sections address the key issues raised by commenters in response to the NPRM, including concerns related to the recording duration and frequency (or sample rate), the EDR duration study, EDR components, additional data elements, privacy, benefits, costs, and other expressed concerns. A. Recording Duration and Sampling Rate The agency sought comment on the NPRM’s proposal to increase the EDR pre-crash recording duration and sample rates under part 563. Comments received expressed mixed views, with many comments critical of the proposal and expressing strong concerns with the EDR Duration study, suggesting that the NPRM’s extended duration proposal should not have relied upon the study’s findings. General Comments Several commenters did not support the NPRM’s proposal to extend part 563’s recording duration requirements, expressing skepticism that recording data beyond current part 563 requirements would improve crash causation investigations. SAE, referencing the agency’s technical report on ‘‘Characteristics of Fatal Rollover Crashes,’’ 25 acknowledged that rollover 25 DOT HS 809 438 (SAE stated the report concluded that EDR data are proven as a valuable E:\FR\FM\18DER1.SGM Continued 18DER1 102816 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations khammond on DSK9W7S144PROD with RULES crashes generally require a longer amount of recorded data but stated they do not justify the added duration of precrash data. SAE explained that increasing recording duration will, in almost all cases, merely represent static operating conditions. Ford stated that additional studies on vehicles with active safety features and EDRs compliant with part 563 are necessary to more accurately determine any anticipated safety benefit of extending the pre-crash recording duration at a higher sampling rate. GM, commenting that it already voluntarily added 3 seconds of precrash data to its latest Generation EDR, stated eight seconds of pre-crash data is more than sufficient to understand crash dynamics and vehicle performance based on its experience working with accident reconstructionists, police, and other authorities. CSI stated there is no need to increase EDR recording duration, but suggested the sample rate could be phased in over a longer lead time to allow for other revisions to part 563. Bosch indicated the current data sample rate of 2 Hz may not capture all data when a multiimpact crash occurs but emphasized that an increased sample rate would require significant changes in EDR hardware and software. Bosch agreed that increased pre-crash data frequency could capture additional events, such as braking interventions, lane change maneuvers, and steering maneuvers. Ford, seeking to clarify information cited by the agency in the proposal, also stated that although the EDR in the referenced 2007 Ford 26 was capable of recording more than 20 seconds of precrash data, it did not meet the crash test performance and survivability requirements of part 563. Ford explained that the pre-crash data in the 2007 Ford was stored in the Powertrain Control Module (PCM), which served as a diagnostics tool not equipped with a power energy reserve. Ford stated it later replaced the PCM recording capability with a part 563-compliant EDR that uses the Restraint Control Module (RCM) to record PCM data for 5 seconds prior to a crash event. Several commenters supported some or all aspects of the proposal, stating it would provide more information for crash investigations and safety data. IIHS–HLDI stated it would provide source to determine vehicle speed, evasive maneuvers, and passenger status). 26 NHTSA, Special Crash Investigation No. IN10013, available at https:// crashviewer.nhtsa.dot.gov/nass-sci/ GetBinary.aspx?Report& ReportID=804261920&CaseID= 804261915&Version=-1. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 researchers with a greater understanding of the role different factors like vehicle, driver, and roadway/environment play leading up to a crash. NAMIC agreed more pre-crash data would help insurers, researchers, manufacturers, and regulators understand and determine crash causation, while also helping crash avoidance research. NAMIC also stated that the benefits of more pre-crash data on vehicle dynamics and system status, driver inputs, vehicle crash signatures, restraint usage/deployment status, and post-crash data, such as the activation of an automatic collision notification system, would provide greater safety value than any associated costs with increased memory capacity and potential EDR unit redesigns. State Farm supported the proposed duration and frequency changes to EDRs, and suggested vehicles should at minimum record all available information relevant to the crash. Many commenters supported extending recorded categories rather than extending the duration and/or sampling rate of existing part 563 data retention requirements to improve crash analysis. The NTSB stated although the proposed rule addresses data elements currently in part 563, a complete understanding of crashes involving vehicles with ADAS would necessitate more pre-crash data than is currently required. CAS stated that even longer durations and higher sample frequencies could be beneficial for data not currently included in part 563, such as progressive sensor degradation, object event detection, response processing, and performance of sensor and data processing components. EDR Duration Study Many commenters criticized the NPRM’s reliance on the EDR Duration Study’s finding that 20 seconds of precrash data encompasses the 90th percentile recording duration necessary to capture the initiation of driver actions. SAE stated the study failed to demonstrate that the recommended 20second recording duration would improve crash causation investigations. SAE further stated that the study focused on determining the duration necessary to assess driver behavior, rather than crash causation, and reiterated its previous comments critiquing the study.27 Specifically, SAE stated the study should have assessed more than the 27 SAE provided comments and presented to NHTSA in response to the EDR Duration Study. See NHTSA–2022–0021–0005 and NHTSA–2022–0021– 0006. PO 00000 Frm 00142 Fmt 4700 Sfmt 4700 speed, braking, and steering actions of the vehicle, noting that engine throttle percentage, accelerator pedal percentage, engine RPM, cruise control status, anti-lock braking system (ABS) activity, lateral acceleration, and yaw rate are all useful data elements when studying the cause of a crash event. SAE also stated the vehicles in the study lacked modern safety features, such as pre-collision braking and electronic stability control, which could have prevented some of the accidents or provided intervention within the current recording duration of 5 seconds. SAE asserted the study contained flawed assumptions about current automotive braking system architectures. SAE also stated there were two false assumptions concerning steering input. First, SAE explained the EDR Duration Study concluded that the availability of steering angle data, an optional data element, was very limited, thus reducing its significance in Phase I of the study. Second, SAE stated the study assigned steering angle data the same importance as the other data elements, and that the study’s authors erroneously assumed a weighted distribution would compensate for the small number of cases with steering input. In response to this assumption, SAE stated actual field-related data from more recent part 563 compliant vehicles covering a wider range of manufacturers should have been used, and that the study’s analysis should have been updated with current systems data. SAE also discussed the resolution of the steering input data, explaining that some pre-part 563 EDRs reported steering input data with a range of +/¥ 16 degrees, meaning a steering maneuver beyond 16 degrees would need to be made to be detected and recorded in the EDR. SAE stated that depending on vehicle speed, a steering input of less than 16 degrees could have significance in relation to vehicle dynamics; however, if no such recorded input occurred, the study concluded the driver was not moving the steering wheel. SAE also critiqued the study’s lack of distinction between accelerator pedal position and engine throttle position, stating it purposely ignored EDR data recorded more than 5 seconds before a crash, and further stated that if all 8 seconds of pre-crash data, where available, were reviewed, the study could have confirmed whether the service brake was on at 5 seconds prior to a crash event. SAE explained this information could demonstrate whether pre-crash data beyond 5 seconds would change overall reconstruction results. Finally, in relation to the study’s 1-Hz E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102817 recording frequency in older vehicles, SAE and Auto Innovators stated brake pedal application can occur multiple times within one second, and state changes could be missed in the sample period. Several commenters expressed support for SAE’s comments on the study. Agency Response This final rule adopts the NPRM’s proposed part 563 EDR pre-crash data recording and frequency durations. This final rule’s implementation will fulfill the FAST Act mandate and provide additional information on the status of vehicle systems and the actions taken prior to a crash. khammond on DSK9W7S144PROD with RULES General Comments The agency acknowledges criticisms raised by several commenters, including suggestions that further studies are needed to determine the safety benefits of additional EDR pre-crash data. However, NHTSA is confident the EDR Duration Study provides a solid basis for this final rule’s increase to 20 seconds of pre-crash data based on the study’s findings on the amount of precrash actions missed in the 5 seconds prior to a recorded event by the EDR, particularly for in-road departure and intersection crashes. The EDR Duration Study found part-563’s 5-second recording duration insufficient to record important information in a substantial percentage of crashes in which the EDR is triggered. This information, including the initiation of crash avoidance driving maneuvers, e.g., pre-crash braking, would assist investigators with crash reconstruction. The study also found that 20 seconds of pre-crash data would encompass the 90th percentile recording duration required for the three crash modes and the crash avoidance maneuvers analyzed. In support of the increased frequency requirement of this final rule, NHTSA understands some manufacturers already equip vehicles with EDRs that record data at 5 or 10 Hz, and in some cases multiple rates. NHTSA agrees with commenters who expressed support for the proposed increase by stating the increased frequency could capture events like braking interventions, lane change maneuvers, and steering maneuvers that may be missed at 2 Hz. In response to Ford’s comment regarding the 2007 Ford vehicle included in the EDR Technology Study 28 and referenced in the NPRM, 28 Gabler, H.C., Tsoi, A., Hinch, J., Ruth, R., Bowman, D., & Winterhalter, M. (2020, June). Lightvehicle event data recorder technologies (Report VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 the agency is aware that the EDR in question was manufactured prior to the implementation of part 563. The agency did not reference it in the NPRM as a basis to state that all current EDRs are capable of recording 20 seconds of data. Instead, it serves as an example to show that manufacturers have already developed systems that record more than 5 seconds of pre-crash data. Finally, in response to comments encouraging the recording of additional data elements, this topic falls outside the scope of the NPRM and will not be addressed in this rulemaking. The agency may address the recording of additional data elements, including ADAS system status and performance parameters, in future rulemaking. Additional details on the estimated benefits of this final rule are discussed in section V. EDR Duration Study Many comments received criticized certain aspects of the EDR Duration Study and the NPRM’s reliance on it in extending the recording duration of part 563. The agency does not find these arguments compelling. The study adequately met the FAST Act’s mandate to conduct a study to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehicle-related data in conjunction with an event to provide sufficient information to investigate the cause of motor vehicle crashes. Specifically, as required by the FAST Act, the study presented the durations necessary to provide sufficient information to investigate the cause of motor vehicle crashes. The agency does not agree with comments stating that the study incorrectly focused on driver actions rather than crash causation. The FAST Act required the agency to address data needed to assess crash causation. As such, vehicle dynamics were not the focus of the EDR Duration Study. Crash causation is crucial for effective crash investigation. Because many studies, some using policeaccident reports 29 or EDR data, have shown that driver error is often the cause of crashes,30 an understanding of pre-crash vehicle actions is critical to determining an appropriate recording duration. One study used the crashes in No. DOT HS 812 929). National Highway Traffic Safety Administration. 29 Singh, Santokh. Critical reasons for crashes investigated in the national motor vehicle crash causation survey. No. DOT HS 812 115. 2015. 30 Dingus, Thomas A., et al. ‘‘Driver crash risk factors and prevalence evaluation using naturalistic driving data.’’ Proceedings of the National Academy of Sciences 113.10 (2016): 2636–2641. PO 00000 Frm 00143 Fmt 4700 Sfmt 4700 the Naturalistic Driving Study (NDS) to determine that driver error contributed to 93% of observed crashes.31 In the EDR Duration Study, ‘‘behavior’’ is used synonymously with ‘‘action.’’ Therefore, the study’s objective in Phase II was to determine a recording duration that provides more certainty of capturing the complete duration of pre-crash actions. In response to SAE’s critique that speed, braking, and steering were studied exclusive to each other in Phase 1 of the EDR Duration Study and not with the rest of the EDR data, NHTSA acknowledges SAE’s comment that crash reconstructionists analyze vehicle speed in conjunction with brake status. However, these two factors were not combined in Phase 1 because the study successfully addressed the research questions without studying whether enough brake pedal pressure was being applied to decelerate the vehicle. The study analyzed each pre-crash action individually because the study’s objective focused on whether any braking input, steering input, or accelerator release occurred. NHTSA also acknowledges SAE’s statement that the study assumed the Service Brake On indicator signified driver intent to actively brake the vehicle, when it could instead be related to disengaging cruise control status or a slightly engaged brake pedal (e.g., resting a foot on the pedal). In response to this comment, NHTSA states the EDR Duration Study solely focused on the pre-crash action itself, regardless of whether that action resulted in decreased vehicle speed. As such, any braking action can still be considered a valid pre-crash action of the driver. In response to SAE’s comment that weighted distributions were incorrectly used to compensate for the small number of cases with steering input in Phase I, NHTSA disagrees. Weighted distributions were used as the standard result format for all the data elements in the study, regardless of the sample size. Additionally, NASS–CDS data are designed for use in a weighted fashion because of its nationally representative structure. In criticizing the study, SAE and Auto Innovators commented that the EDR Duration Study assumed that no recorded steering input meant the driver was not moving the steering wheel, but that pre-part 563 EDRs required a steering input change of more than 16 degrees to be captured by the EDR so active steering maneuvers in the dataset 31 Khattak, Asad J., et al. ‘‘A taxonomy of driving errors and violations: Evidence from the naturalistic driving study.’’ Accident Analysis & Prevention 151 (2021): 105873. E:\FR\FM\18DER1.SGM 18DER1 khammond on DSK9W7S144PROD with RULES 102818 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations may not have been captured. The EDR Duration Study could only use the EDR data available (which included pre-part 563 EDRs) to evaluate what pre-crash actions were captured. The study assumed that if a non-zero steering angle was recorded at ¥5 s, the initiation of a pre-crash steering maneuver was not captured. NHTSA does not believe that the current resolution for steering input (5 degrees) would change the results of Phase 1 of the EDR Duration Study since the authors defined the steering input time as the time between the event and the earliest non-zero steering angle recorded. NHTSA agrees that, based on vehicle speed, a change in steering input less than the 16-degree resolution could be significant. In response to comments on the issue of whether the accelerator pedal position or engine throttle position was used to assess driver action, the EDR Duration Study used the accelerator pedal position to indicate a depressed pedal, as the objective of the study was driver action prior to crash. NHTSA acknowledges that accelerator pedal position and engine throttle position do not always correspond (especially given modern vehicles with drive-by-wire technology). The study used accelerator pedal position as it is related to the driver’s input, whereas the engine throttle position can lag behind that input. NHTSA also acknowledges SAE’s comment that the EDR Duration Study ignored data extending beyond 5 seconds. Specifically, where EDRs recorded 8 seconds of pre-crash data in the study, the results were truncated to 5 seconds to combine them with the remainder of the dataset that only had 5 seconds of pre-crash data to make the brake pedal, accelerator pedal, and steering input data consistent. Doing so is consistent with the 5 seconds of precrash data required by part 563 prior to this final rule. This was done in Phase 1, as this part of the study evaluated whether 5 seconds of data was sufficient for capturing the initiation of pre-crash maneuvers in rear-end, road departure and intersection crashes. The authors of the EDR Duration Study could not use EDR data to determine the duration beyond 5 seconds needed to capture crash causation, because most EDR data only records 5 seconds of pre-crash data per the minimum requirements in part 563. Therefore, as required by the FAST Act, to determine the amount of time event data recorders installed in passenger motor vehicles should capture and record for retrieval vehiclerelated data in conjunction with an event to provide sufficient information VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 to investigate the cause of motor vehicle crashes, Phase 2 of the study used two naturalistic driving studies (NDS) (100Car NDS and SHRP–2 NDS). These studies were used because they include more than 5 seconds of data prior to an event.32 Further, although some commenters stated that older vehicles used in the study had EDR data recorded at a sample rate less than the part 563 requirements (2 Hz), the EDR Duration Study acknowledged the uncertainties of the sample rate (1 Hz vs. 2 Hz) of data numerous times throughout the report. The study’s results were presented in terms of the observed EDR data, the ‘‘Lower Bound,’’ and ‘‘Upper Bound,’’ which assumed the actual pre-crash action for EDRs recording at 1 Hz was one time step earlier than the reported time (e.g., if an initial braking action occurred at ¥4 s the action was assumed to occur at ¥5 s). NHTSA believes that presenting the results in this corridor fashion was appropriate and provided a fair and transparent representation of the range of times the driver action may have occurred. In response to SAE and Auto Innovators’ comments that a pre-crash braking action can occur multiple times within the time span of 1 second (1 Hz) or 0.5 seconds (2 Hz), NHTSA notes that this fact supports increasing the recording frequency of pre-crash data, as required by this final rule, so that multiple precrash actions are captured by the EDR. NHTSA also acknowledges comments received stating that the vehicles used in the study lacked modern safety features that could have prevented some crashes and provided intervention within 5 seconds of the crash event. However, NHTSA observes the available EDR data used in the study did not generally include any details on active safety features, as part 563 does not require the capturing of those elements, which are at times voluntarily recorded by manufacturers. Therefore, any precrash data related to modern safety features could not be included as part of the research in Phase 1 of the study. NHTSA does not know if active safety features will be universally adopted in future vehicles or recorded for the purposes of crash reconstruction. However, NHTSA points out that ABS and electronic stability control (ESC) were studied in Phase 2 of the EDR Duration Study, which used naturalistic driving data from newer vehicles. The ABS activation times in that data ranged from 2–9 seconds prior to the crash, 32 The two NDS studies used in the EDR Duration study collected data in normal driving conditions over the course of millions of trips and miles. PO 00000 Frm 00144 Fmt 4700 Sfmt 4700 further demonstrating that a 5-second duration is not always sufficient to capture all the pre-crash actions of the vehicle. Finally, some comments criticizing the EDR Duration study addressed areas outside the scope of this rulemaking and the research questions and conclusions made by the study, such as how beneficial the additional data will be when used with vehicle dynamics for crash reconstruction and that pre-crash data would benefit more from additional data elements rather than extending the time capture precrash. As such, the agency is not addressing these comments in this final rule. B. EDR Components EDR Comments Overview The agency sought comment on whether the NPRM’s proposed changes would affect current EDRs, including in terms of creating any increased memory needs, processor speed burdens, or other issues not considered by the proposal. Many commenters, including OEMs, manufacturers’ associations, industry suppliers, trade associations, industry experts, and engineer organizations generally agreed that while the proposed 20 seconds of precrash data could be recorded by EDRs, some EDRs may require significant hardware and software changes to meet these demands. Commenters stated the memory (RAM and read-only Memory (ROM)), energy reserve, and microprocessor (or microcontroller) of EDRs may all need to be upgraded or expanded. Bosch stated that some manufacturers may have EDRs capable of accommodating the new requirements using current hardware. Nissan suggested that some of its EDR modules could record for 20 seconds without requiring hardware changes, given enough time for testing and development. Agency Response Following careful consideration of comments received, this final rule is extending the EDR recording period for timed data metrics from 5 seconds of pre-crash data at a frequency of 2 Hz to 20 seconds of pre-crash data at a frequency of 10 Hz. NHTSA acknowledges some current EDRs may require significant hardware and software changes to meet this final rule’s recording requirements. However, the changes made by this final rule are necessary to fulfill the Fast Act’s requirement that the agency ‘‘shall promulgate regulations to establish the appropriate period during which event data recorders installed in passenger E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102819 motor vehicles may capture and record for retrieval vehicle-related data to the time necessary to provide accident investigators with vehicle-related information pertinent to crashes involving such motor vehicles.’’ 33 Based on the data submitted to NHTSA by vehicle manufacturers and EDR records available from CISS, many newer EDRs already have sufficient memory, processing performance, and reserve energy capacity to capture and record 20 seconds of pre-crash data at 10 Hz. If necessary, manufacturers could potentially reconfigure these EDRs by reallocating memory to meet the new recording requirements for pre-crash data in this final rule, as the reallocation of memory would not entail any additional energy or processor capability. NHTSA acknowledges the subject systems would still need to undergo development and testing to ensure they function as intended with no adverse effect on the activation of air bags in a crash event with air bag deployment. The agency is aware that memory is not solely used to record EDR data, as it is shared by other functions of the ACM. However, many modern EDRs, particularly those updated to meet UN ECE Regulation No. 160,34 likely already have sufficient capability to meet the pre-crash recording duration and sample rate requirements of this final rule without disrupting how EDR data are currently recorded. Based on the CISS EDR data available, NHTSA is aware of at least one manufacturer that has made such EDR upgrades to a large portion of its newer models, such that only software changes would be needed to comply with the final rule.35 Further, EDRs that currently capture and record more than 1600 bytes of pre-crash data could allocate resources to, at minimum, record the three required Table I data elements for 20 seconds at 10 Hz. Additional analysis on comments received and the agency’s response in the areas of EDR memory, data processing, energy reserve, design, and the development process is provided below. khammond on DSK9W7S144PROD with RULES 33 Public Law 114–94, 2015 HR 22, Public Law 114–94, December 4, 2015, 129 Stat 1312. 34 UN ECE Regulation No. 160 requires all new types of M1 and N1 vehicles in Europe to have an EDR beginning July 6, 2022, and further requires all new vehicles to have an EDR beginning July 7, 2024. Table 1 in Annex 4 of UN R160 lists twentythree mandatory pre-crash data elements to be captured by the EDR. 35 For example, EDR records from vehicle 2 in CISS Case Number: 1–20–2022–129–03. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 Memory Agency Response Comments NHTSA acknowledges comments received from industry, OEMs, and trade associations suggesting that EDRs would require more memory than that estimated by the NPRM (for both data capture and recording) to meet the NPRM’s proposed requirements. Necessary memory upgrades could include both non-volatile memory for storing the recorded crash data, and volatile memory (or RAM) for data processing (read into and write over). Currently, part 563’s specified recording duration of 5 seconds at 2 samples per second generates a total of 11 samples for each pre-crash data element (2 samples per second × 5 seconds + 1 initial sample). The EDR Technology Study, reporting on information provided by EDR subject experts from OEMs and ACM/EDR suppliers, found a typical recorded crash event requires approximately 929 bytes (77 bytes for pre-crash data elements) to record all of the Table I and Table II data elements for a single event.37 Depending on the redundancy strategy for data quality control, a typical recorded EDR requires approximately 1.86 kB per event. To record data for 20 seconds at 10 Hz, 201 samples (10 × 20 + 1) would be captured, or an additional 190 samples per pre-crash data element over the previous requirements of 5 seconds at 2 Hz. In total, an additional 1,330 (190 × 7) data points must be captured, processed, and recorded per crash event if all 7 pre-crash data elements are recorded (Table II lists optional data elements if they are recorded by the EDR). An EDR is required to record these elements for up to two events in a multi-event crash.38 To capture two events, the EDR would require an additional 2,660 bytes of memory for the additional data, as required by this final rule. Similarly, an equal amount of RAM would be needed for data processing. Memory reallocation may be necessary for older generation EDRs to meet this final rule’s required Table I elements. Additionally, manufacturers with EDRs that voluntarily record data elements not listed in Tables I and II 39 Many commenters indicated the current amount of non-volatile memory in EDRs may not be sufficient to record 20 seconds of pre-crash data captured at 10 Hz. The NPRM indicated an increase in pre-crash recording duration from 5 seconds to 20 seconds with an accompanying increase in recording frequency from 2 Hz to 10 Hz, would require 1.33 kilobytes (kB) of additional memory (a factor of 2.43 increase from the baseline) if all 7 pre-crash data elements were recorded. However, SAE stated some suppliers estimated the memory would increase by a factor of 8.5. SAE explained that adding more memory to meet the new data capture requirements would involve a complex process, as reallocating memory from other data elements would require an entire development process for each type of EDR.36 GM stated that to meet the proposed requirements in the NPRM, the memory for its latest generation EDR would have to increase from approximately 720 bytes per recorded event to 8260 bytes, or an increase by a factor of approximately 11.5 based on 46 precrash data elements. GM explained this estimate must be multiplied by 3 to account for 3 separate EDR-recorded event buffers. GM further stated it is desirable to have a consistent sampling rate for all pre-crash data elements to reduce software complexity, and that it does not have a design in production that can simply incorporate the requirements in spare memory. GM explained memory allocation is one of the first steps of new product development, used to determine the specifications for the microprocessor, memory storage size and type, energy reserve, and power supply, and that changes to the type of memory required would have a significant impact on the design specifications for EDRs. Honda, Nissan, and Ford also stated that meeting the requirements proposed in the NPRM would require additional non-volatile memory. CSI and MEMA stated memory estimates should consider that the ACM and any other system housing the EDR shares processor power and memory with the EDR, and that additional memory is rarely available in existing systems. QuantivRisk, Inc. and CSI also stated that adding memory would require additional development and testing costs. 36 Manufacturers typically have more than one type of EDR installed across their vehicle models. PO 00000 Frm 00145 Fmt 4700 Sfmt 4700 37 See Tables 20 and 21 in DOT HS 812 929. Table I data elements require 72 bytes and Table II data elements require 857 bytes. 38 For EDR data capture, part 563 requires the memory for air bag deployment events to be locked to prevent any future overwriting of the data. For non-air bag deployment events, the EDR can capture and record the current data, up to two events. 39 Comments received from GM and Honda support the contention that some EDRs are E:\FR\FM\18DER1.SGM Continued 18DER1 khammond on DSK9W7S144PROD with RULES 102820 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations of part 563 may need to reallocate memory if memory allocation is nearing capacity or there is insufficient memory to meet the requirements of this final rule. However, NHTSA accepts this potential as Congress unambiguously signaled its desire for the agency to prioritize the time necessary to provide accident investigators vehicle-related information pertinent to crashes through the FAST Act statutory mandate. This final rule’s additional lead time should considerably minimize any required memory reallocation. Further, any memory reallocation needed to meet the requirements of this final rule could potentially be carried out by only capturing those elements required by Table I, as only Table I elements must be recorded if an EDR is installed. In relation to recording requirements, GM suggested that it is preferable to record all pre-crash data elements captured by its latest generation EDR, including those required by part 563 and those voluntarily captured, at the same sample rate to not increase software complexity. However, EDRs that record data elements at different recording intervals and data sample rates already exist (e.g., some EDRs capture and record data at both 5 s/10 Hz and 5 s/2 Hz). Further, although manufacturers may choose to do so, NHTSA is not requiring manufacturers to record all pre-crash data at 20 seconds and 10 Hz; rather they must only apply that standard to those elements listed in Table I and, if recorded, Table II of part 563. If an EDR does record numerous data elements not listed in part 563 at 20 seconds and 10 Hz, NHTSA agrees that the amount of extra memory needed to record that data could significantly increase. However, the recording of additional elements outside of Table I is not required by this final rule, and the minimum amount of extra memory needed to record the three pre-crash Table I elements is only approximately 570 bytes (1,040 bytes if considering two events). The estimate provided by the agency for the additional memory needed (2,660 bytes) is for all 7 mandatory and optional pre-crash data elements captured at 20 s and 10 Hz, and for the recording of multiple events. The decision to install additional memory necessary for data buffering and redundancy is a voluntary decision by a manufacturer and is not required by part 563. As discussed in the NPRM, many manufacturers already have EDRs with sufficient hardware capabilities to capture and record more pre-crash data, recording data beyond the Table I and II part 563 elements. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 or will have the time to develop such EDRs given this final rule’s additional lead time allowing for EDR development and testing/validation. For example, vehicle models equipped with EDRs containing 32 kB of flash data storage (memory) or greater should already have sufficient capacity to capture the increased amount of pre-crash data required by this final rule. For EDRs containing insufficient memory to record the data elements in Table I and II at this final rule’s required recording interval/data sample rate, manufacturers may be able meet the new requirements through various means. For example, if EDR memory is currently used to record other data elements not required in part 563, OEMs could reallocate the available memory to record the mandatory data elements at 20 seconds and 10 Hz. If no excess memory is available because a portion of the memory is used for purposes outside of capturing and recording EDR data, modification should not be overly burdensome, as only 1.33 kB of additional memory is needed under this final rule to record the seven pre-crash data elements. Further, if an OEM solely recorded the data elements required by Table I, only approximately 0.57 kB of additional memory would be needed to meet the requirements of this final rule (an increase from 33 samples to 603 samples for Table I pre-crash data elements). Where memory reallocation is not possible or preferred and additional memory is necessary, manufacturers could increase the memory capacity of the EEPROM, or embed higher capacity flash memory chips with similar costs, since flash memory typically costs less than EEPROM.40 For example, information from manufacturers in the EDR Technology Study indicated a typical 2013 microprocessor used in vehicle applications had 32 kB or 64 kB of flash data as part of the ACM, and that most companies are replacing the older memory technology (EEPROM) with flash memory located on the microprocessor. As previously stated, EDRs containing 32 kB of flash data storage (memory) or greater should have sufficient capacity to capture the increased amount of pre-crash data required by this final rule. 40 NHTSA understands that manufacturers have moved from EEPROM to flash memory located on the microprocessor for memory storage. The agency did not receive specific comments on how much flash memory EDRs are using to record pre-crash for 5 seconds or on the amount of memory that would be needed to capture the additional data, including additional memory for redundancy. Therefore, it is difficult to discuss examples of how the different components would need to be upgraded. PO 00000 Frm 00146 Fmt 4700 Sfmt 4700 Finally, in response to comments expressing concern that the NPRM failed to capture all costs associated with any EDR memory increases needed to meet the requirements of this final rule, NHTSA acknowledges these concerns and, following careful consideration, has adjusted estimated costs accordingly in the Final Regulatory Evaluation (FRE) accompanying this final rule. Additional details on the updated cost estimates of this final rule are discussed in section V. Data Processing Comments Several commenters expressed concern that the proposal would create increased data processing needs. SAE and Auto Innovators stated that, depending on current microprocessor capacity, the proposed data requirements would necessitate additional energy capacity, speed, and memory upgrades, which would also require a new microprocessor and circuit board. SAE and Auto Innovators indicated these modifications would require a complete redesign of the EDR from both a hardware and software perspective. GM stated none of its current EDR designs can support the 20 second requirement without changes to the microprocessor. Honda commented that the NPRM’s proposed increases in recording duration and frequency will increase the amount of RAM in the microcontroller unit (MCU) required to record the data, necessitating a physically larger and higher performance MCU. Honda explained that the proposed changes would also require the MCU ROM and processor performance (e.g., clock frequency) to increase. Agency Response NHTSA acknowledges the concerns raised by several commenters, including Honda, GM, SAE, and Auto Innovators, that the proposed requirements may necessitate microprocessors with higher clock speeds and an increased amount of ROM depending on the performance specifications of the current microprocessor used to capture and record EDR data. NHTSA also acknowledges comments stating that the NPRM’s proposed increase in RAM would necessitate a physically larger and higher performance microprocessor. However, these changes may only be necessary in older generation EDRs or EDRs that are recording data at or near the memory capacity. Further, although some older generation EDRs may lack the performance specifications needed E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102821 to capture and record the increased duration and frequency of pre-crash data required by this final rule (including clock speed of the microprocessor, available ROM, RAM, and flash memory), many newer EDRs have the necessary MCU specifications to record for 20 seconds. NHTSA acknowledges these newer versions would require a period of software development to change how data are buffered, written to memory, and tested to validate the EDR and ensure that all systems interacting with the EDR perform as intended. However, these concerns should be alleviated through the additional lead time provided by this final rule, which should allow manufacturers to make any EDR design changes needed to meet the requirements of this final rule. khammond on DSK9W7S144PROD with RULES Energy Reserve and Design Concerns Comments Several comments stated that the proposal would require increased energy reserve. Auto Innovators explained the EDR function is typically integrated into a vehicle’s ACU or ACM and includes reserve energy to successfully deploy the restraint systems, facilitate high voltage shutoffs for electric vehicles, and record EDR data into non-volatile memory if vehicle power is lost early in the crash event. GM stated the increased write time duration would require more energy reserve, and that a microprocessor with a higher current draw could affect the energy reserve. For many existing units to meet the new requirements, Auto Innovators stated that the amount of additional, voluntary data elements recorded by the EDR would need to be reduced, or that the air bag control/EDR module would require redesign to accommodate the additional reserve power capacity. Both Auto Innovators and SAE stated that many current EDRs record more than the minimum part 563 requirements, and that these additional data elements would also have to be recorded for 20 seconds. Several commenters stated the proposed changes would require larger and, in some cases, multiple capacitors to meet the extended pre-crash recording period, as the EDR module operates under its own power supply during a crash. Commenters indicated larger capacitors pose engineering challenges in terms of lifespan, durability, and ability to charge during normal operation. Auto Innovators stated the additional energy capacity required to meet the new requirements would considerably increase the footprint of the ACU/EDR, and that VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 enough physical space may not exist in optimum locations for current vehicles (selected for crash sensing and durability) to accommodate increases in ACU/EDR size. Commenters explained needed changes to the size of the module could require redesign and affect placement in the vehicle, increasing design complexity and increasing costs for both consumers and manufacturers. Agency Response The ACU requires reserve energy (provided by capacitors) in the event of a loss of battery power in the vehicle. This reserve energy exists for the EDR to capture and record data, while also ensuring the vehicle’s air bags can properly deploy. NHTSA acknowledges several comments received from industry stating that meeting the proposed EDR requirements may necessitate capacitors with increased capacitance, which may in turn require overall hardware changes and potential design changes to the EDR. However, none of the comments received stated that additional power was necessary across all EDR modules, instead only suggesting that more power may be required. Based on comments received, NHTSA understands that some manufacturers equip EDRs that voluntarily record precrash data elements not listed as part of the minimum requirements in part 563. Any data elements not listed in part 563 that a manufacturer may choose to capture are not required to be recorded for 20 seconds at 10 Hz. A large amount of voluntarily recorded pre-crash data all recorded at 20 seconds could increase the amount of reserve energy required to write to memory and provide backup power, which could necessitate redesign of the EDR packaging. However, as previously stated, NHTSA is only requiring EDRs to record the three pre-crash data elements in Table I and the four pre-crash data elements in Table II (if they are recorded by the EDR) for 20 seconds. Although manufacturers may prefer to record all data at the same duration and sample rate, there are examples of EDRs in CISS that record data at different durations and sample rates. Manufacturers are of course free to record voluntarily captured elements as they prefer. Based on NHTSA’s analysis, the costs of capacitors, especially in large quantities, is relatively low. For example, an EDR capacitator upgrade from 3.3 mF to 10.0 mF would cost approximately $0.02 per unit, based on PO 00000 Frm 00147 Fmt 4700 Sfmt 4700 market research.41 Further, EDRs with sufficient memory capacity to allow for some memory reallocation would not require an increase in reserve energy. The physical size of capacitors can vary according to many different constraints such as: manufacturer, dielectric type, target application, mounting style, capacitance, voltage rating. Based on NHTSA’s research, there are 6.8 mF capacitors and a 10.0 mF capacitors with similar specifications beside capacitance that have the same physical dimensions in terms of diameter and surface mount area. Varying other parameters (e.g., voltage rating) only changes the physical dimensions of these capacitors by 1 mm or less. Ultimately, the manufacturer chooses where to place the EDR housing within its vehicles. NHTSA has included cost estimates that cover software development and design validation but does not believe such small hardware components will significantly affect the size of the physical casing that holds the electronic components of the EDR. Therefore, this final rule adopts the NPRM’s proposal to extend the EDR recording period for timed data metrics from 5 seconds of pre-crash data to 20 seconds of pre-crash data at a frequency of 10 Hz. Manufacturers should be able to meet these requirements given the lead time and relatively low cost of capacitors to implement any required upgrades. Development and Validation Comments SAE and Auto Innovators stated that in addition to costs incurred from the proposed EDR component upgrades, the proposal would also require associated development and integration costs, including validation and testing at component, sub-system, and vehicle levels. These commenters stated that costs and associated lead times are further amplified because the EDR application is most often coupled with a safety restraint management system requiring rigorous safety system validation and verification. Nissan, explaining it confirms the functionality of the EDR in coordination with other compliance crash tests completed in less than 20 seconds, commented that the proposal would require additional or new crash test procedures to retrieve data from a vehicle. SAE commented that capturing 20 seconds of data would require a crash test facility over 985 feet 41 Based on quotes from DigiKey, the average unit price for 3.3 mF capacitors is $0.11 and the average unit price for 10.0 mF capacitors is $0.13. Therefore, $0.02 was used as the upgrade cost for reserve energy. E:\FR\FM\18DER1.SGM 18DER1 102822 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations long, and that no such test facility currently exists. GM also expressed concerns in relation to vehicle level validation, asking if the proposal would require a crash of sufficient length to encompass the entire 20 seconds of precrash data. GM explained that such a requirement would impact vehicle barrier facilities and testing protocol, resulting in additional costs. Agency Response Several commenters expressed concerns that the proposed rule would incur new costs, including for a new crash test facility and additional or new crash test procedures to record and retrieve the appropriate amount of data. In response, the agency points out that vehicles do not have to operate at the speeds specified for crash testing under such scenarios as FMVSS No. 208 or FMVSS No. 214 to meet the new EDR recording requirements of this final rule. New or altered test procedures may be needed to validate the EDR, but manufacturers should not need new crash test facilities to meet the new data capture requirements. Manufacturers may instead use other means that do not require the vehicle to travel at crash test speeds (i.e., 56 kph or 35 mph) for 20 seconds to capture pre-crash data as testing validation for this final rule’s data capture requirements. For example, tests may be conducted by initially operating the vehicle at a minimum speed before acceleration or by idling the vehicle prior to accelerating to the speeds necessary for other crash tests. The availability of these alternative options and the extended lead time provided by this final rule will help mitigate any potential incurred costs. khammond on DSK9W7S144PROD with RULES C. Additional Data Elements Comments Many commenters stated that part 563 should include the recording of additional ADAS/ADS data elements to improve EDR data effectiveness. Commenters stated the incorporation of new crash avoidance, pre-crash, and post-crash data elements would provide a greater safety value to improve driverassistive safety technologies compared with increased recording duration and frequency. Several commenters recommended that a standard format for capturing and reporting data related to advanced safety systems should be defined and included as part of the EDR requirements. Some commenters encouraged NHTSA to follow a similar path to the European Union’s (EU) recent mandate requiring the equipping of new vehicles with EDRs that record ADAS elements. Bosch recommended VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 the use of other recorders to record information like driver and ADS state to determine the control of the vehicle before an event triggering EDR recording, such as the Data Storage System for Automated Driving (DSSAD) recommended by the UN ECE, or the SAE ADS data logger (SAE J3197). Agency Response While NHTSA agrees with commenters that additional data elements may be beneficial for collision reconstruction, this topic falls outside the scope of this rulemaking. The NPRM did not address the addition of any new data elements, and the rulemaking responds to the FAST Act’s instruction to promulgate regulations establishing the appropriate amount of time that EDRs should capture and record data. The agency may address the recording of additional data elements, including ADAS system status and performance parameters, in future rulemaking. Manufacturers may of course continue to include or add pre-crash data elements outside of those listed in part 563 42 to EDRs but must also comply with this final rule. Manufacturers may also continue to log data from modern safety features in other vehicle systems. D. Privacy Considerations Comments As explained in the NPRM, the DOT Privacy Office has determined that this rulemaking does not create privacy risk because no new or substantially changed technology will collect, maintain, or disseminate information in an identifiable form. NHTSA requested comment on this determination. In response to this request, SAE stated that when part 563 was initially proposed it specified a recording duration of 8 seconds, which the agency reduced to 5 seconds to apply prudent judgment in balancing securing data with the privacy rights of an individual vehicle operator.43 SAE cited the comment submitted by the Electronic Privacy Information Center (EPIC) in response to the initial proposal of establishing part 563, in which EPIC cited several Fair Information Practices (FIPs) limiting data collection based on purpose-specific principles and cautioned NHTSA against an 42 Examples of some pre-crash data elements not listed in part 563 but recorded by some 2021 EDRequipped light vehicles include: adaptive cruise control status, AEB status, brake pedal position, cruise control status, drive mode, forward collision warning, ignition status, lane departure warning, road departure mitigation status, tire pressure status, traction control system status, and wheel speed. 43 71 FR 50998 (Aug. 28, 2006). PO 00000 Frm 00148 Fmt 4700 Sfmt 4700 incremental expansion of EDR data records as mandated policy. SAE stated NHTSA should demonstrate a clear public benefit for the proposed increased data capture duration, contrasted with a balance of personal privacy. Auto Innovators stated that expanding the pre-crash recording time to 20 seconds will capture a significant amount of driver behavior, much of which will not have any significant impact on the determination of crash causation factors that cannot currently be obtained by other crash reconstruction methods. Agency Response The agency emphasizes that EDRs do not record personally identifiable data, and captured data are regularly overwritten, except for specified crash events meeting the trigger threshold to retain data. Increasing the pre-crash recording duration from 5 seconds to 20 seconds should not increase privacy concerns, as no new or substantially changed technology will collect, maintain, or disseminate information in an identifiable form. Further, the Driver Privacy Act of 2015, part of the FAST Act 44 and implemented after the establishment of part 563, states that the owner or lessee of a motor vehicle is the owner of the data collected by an EDR. Recorded EDR data may only be retrieved for the purpose of improving motor vehicle safety and vehicle safety research (provided the data are not personally identifiable), or through the vehicle owners’ consent or a court or administrative order. These privacy protections should alleviate expressed privacy concerns while allowing the agency to fulfill the FAST Act’s mandate to establish the appropriate recording period in NHTSA’s EDR regulation. E. International Harmonization Comments Several commenters expressed support for international harmonization of EDR functions. Specifically, SAE, Honda, Auto Innovators, MEMA, and Bosch stated they support a harmonized approach with UN ECE Regulation No. 160.45 Commenters noted that UN Regulation No. 160–01, which went into effect in July 2024, has adopted additional data elements for modern safety technologies. SAE recommended maintaining a mandated EDR practice 44 Public Law 114–94, § 24301–24302, 129 Stat. 1312, 1713–14 (2015). 45 UNECE WP.29 has established the EDR/DSSAD Informal Working Group (IWG) to develop internationally harmonized performance specifications/regulations for EDR functions. E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102823 consistent with global EDR regulations to ease manufacturers’ financial burden and avoid penalizing US vehicle buyers. In support of this approach, SAE discussed other global requirements, including those of Korea (KMVSS 56–2), Japan (J–EDR 2015), China (GB 39732– 2020), EU (2022/545 based on UN R160), and Russia (Fed article 26 162– 03), which all require a minimum of 5 seconds of pre-crash data captured at 2 Hz. Honda stated it has developed its EDRs to accommodate not only part 563 requirements, but also the various EDR regulations for China and UN R160 (00 and 01 Series). Agency Response NHTSA acknowledges that some other international EDR regulations specify a 5 second pre-crash data recording duration at 2 Hz. However, the agency has decided to proceed with the extended EDR data recording and frequency requirements proposed in the NPRM based on the requirements of the FAST Act and the findings of the EDR Duration Study, which found that capturing data at an increased recording duration and sample rate will enhance certainty when interpreting pre-crash data, resulting in improved crash investigations. In response to comments encouraging international harmonization in such areas as additional data elements for modern safety technologies, this topic falls outside the scope of the NPRM and will not be addressed in this rulemaking. However, the agency may address such topics in future EDR rulemakings, following review of the results of ongoing international efforts related to EDRs. khammond on DSK9W7S144PROD with RULES F. Other Considerations Comments NHTSA received several other comments generally related to part 563. One individual supported an increased EDR duration but stated there is a need to update part 563’s trigger threshold definition. This commenter stated that the current trigger threshold, which specifies an 8 km/h change in vehicle velocity within a 150 ms interval, may not capture non-air bag deployment events, such as collisions involving a vulnerable road user and a vehicle. IIHS–HLDI provided similar comments and suggested modifying part 563 to include automatic emergency braking (AEB) activation status as a trigger threshold, as many vehicles are equipped with AEB systems. The Institute also stated that adding data on vehicle-to-pedestrian collisions would improve roadway design and help refine VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 vehicle structures and crash avoidance systems to mitigate the severity of those collisions. One individual commenter stated part 563 should apply to all newly manufactured vehicles, regardless of weight. The commenter explained that some newer electric vehicles may weigh more than the applicability requirement of an unloaded vehicle weight of 5,500 lb. and would therefore be exempt from complying with part 563. Agency Response Although multiple commenters encouraged additional amendments to part 563, these suggestions fall outside the scope of the proposed rulemaking and are thus not included in this final rule. However, NHTSA may consider additional amendments to part 563 as part of a future rulemaking. V. Summary of Estimated Benefits and Costs The requirements specified in this final rule affect vehicle manufacturers that produce light vehicles with a GVWR not greater than 3,855 kg (8,500 pounds) and voluntarily install EDRs in their vehicles. This rule also applies to final-stage manufacturers and alterers. Both the agency and the public have historically benefited from incorporating EDR information into crash and defects investigations, as the inclusion of EDR data leads to improved investigations and better understanding of injury causes and mechanisms. The NPRM stated the proposed increased recording time for the precrash data would provide benefits by helping to ensure that data on the initiation of pre-crash actions and maneuvers are captured for most crashes. The agency explained this increased data would enhance the usefulness of the recorded information, potentially leading to further improvements in the safety of current and future vehicles. The agency also stated the proposed increase in data recording frequency would clarify the interpretation of recorded pre-crash information for crash investigators and researchers. In relation to costs, the NPRM acknowledged that increasing the recording time of the pre-crash data could add additional costs for increased memory if an EDR had little or no excess memory in the module. In the NPRM, the agency stated it understood that about 99.5 percent of model year 2021 passenger cars and other vehicles with a GVWR of 3,855 kg or less are already equipped with part 563compliant EDRs, that no additional hardware would be required by the PO 00000 Frm 00149 Fmt 4700 Sfmt 4700 proposed amendment, and that compliance costs would be negligible. The agency sought comment on potential costs and benefits associated with the NPRM’s proposals. Comments Most commenters stated the proposal to increase the amount of pre-crash data captured and recorded would result in significant costs, including because of the need to upgrade and validate EDRs in vehicles. Many OEMs stated that costs would hinder the implementation of the proposed final rule, with some citing concerns over whether a realworld safety gap exists to justify costs incurred. Commenters stated the proposed changes would increase memory requirements, resulting in an increased overall EDR price. Commenters also stated software and hardware changes would be needed to meet the 20-second pre-crash capture requirements, including, where necessary, increased capacitance to provide power to the EDR and to make necessary changes to the printed circuit board. Specifically, SAE pointed to a study done by the Federal Motor Carrier Safety Administration (FMCSA) on heavy-duty and commercial data recorders, referenced in the NPRM, stating it raised questions concerning the applicability of the cost estimates for flash memory. SAE also listed the following component changes and costs that must be considered for multiple module designs: microprocessor upgrade, additional memory (both RAM and nonvolatile memory), energy reserve increase, PCB design changes, module housing changes, potential mounting changes in vehicle software and hardware engineering design and development cost, component validation cost, vehicle validation cost for new module designs, and vehicle level recertification. GM expressed concerns over the burdens associated with increased EDR complexity and the inability of different regions to arrive at a more common technical solution, pointing to recently implemented worldwide EDR regulations that maintain the 5-second pre-crash recording interval and sample rates historically required by part 563. GM further stated the cost estimate in the NPRM is not negligible and does not fully encompass all the required changes proposed by the NPRM, which could include component validation, full vehicle validation, and vehicle recertification of the EDR and the Sensing and Diagnostic Module. Auto Innovators submitted additional comments related to costs following the E:\FR\FM\18DER1.SGM 18DER1 102824 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations khammond on DSK9W7S144PROD with RULES closing of the NPRM comment period.46 These comments stated that, based on member responses, the estimated average cost of development and testing to meet the proposed rule would be $8.4 million dollars per manufacturer, with an average estimated cost increase of $5.40 per vehicle to develop an EDR meeting the proposed rule. Given those estimates, Auto Innovators stated that, assuming an average annual light duty vehicle production of 16.4 million vehicles for 17 OEMs, the cost burden for the first year would be $231.36 million. Auto Innovators explained this is the sum of each OEM’s development/ test costs and that, assuming the same annual production took place, the annual cost burden following the first year of implementation of the final rule would be $88.56 million, based on the annual affected vehicle production times the incremental EDR module cost. Commenters also stated manufacturers may require vehicle crash tests to ensure the data transferred from sensors in the vehicle to the EDR are not affected by hardware updates. Commenters stated costs to consumers and lead-time implications are especially important because of such issues as supply chain disruptions, microchip shortages, high inflation, and economic uncertainty. Auto Innovators also stated NHTSA should consider equity issues given the average new car price of vehicles. In support of the proposal, NAMIC commented that the costs to increase the recording duration are warranted by the benefits of more and better pre-crash data, even if costs in addition to memory are required (e.g., redesign for a larger unit, additional RAM, etc.). NAMIC stated the proposed changes provide greater safety value than any additional costs to the vehicle. CAS stated the price of flash memory used to estimate costs in the NPRM was overestimated and that OEMs may receive discounts for bulk memory purchases. CAS further stated the incremental cost associated with upgrading the memory would not prevent the expansion of EDR data storage. Agency Response The agency does not agree with comments expressing skepticism over the benefits of the NPRM’s proposed increased recording duration and frequency requirements. This final rule’s requirements will improve crash investigations and crash data collection quality, ultimately assisting the agency and others in identifying potential 46 NHTSA–2022–0021–0025. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 opportunities for safety improvement in vehicles already on the road, improving future vehicle designs, and creating more effective safety regulations. The increased information captured by the requirements of this final rule will aid not only the agency, but also crash investigators, first responders, and others. However, following review the agency does find certain comments received stating that the NPRM did not consider additional costs associated with the NPRM’s proposal compelling. As such, NHTSA has revised the cost estimates originally provided in the NPRM to include two different EDR versions: those solely requiring software changes to meet the proposed rule and those requiring both hardware and software changes. The updated estimated benefits and costs associated with this final rule are detailed below. A. Benefits EDR data are invaluable for improving system performance. EDR data improve crash investigations and crash data collection quality, which assists safety researchers, vehicle manufacturers, and the agency to better understand vehicle crashes and help determine crash causation.47 Similarly, vehicle manufacturers can use EDR data to improve vehicle designs and develop more effective vehicle safety countermeasures. For example, as mentioned in the NPRM, the Toyota unintended acceleration study 48 confirmed the significant value of EDR pre-crash data.49 The agency successfully used this EDR data to assist in determining the root cause of the events and to support the safety recalls. Further, in 2016, the agency used EDR data to establish crash scenarios and vehicle dynamics when evaluating the efficacy of vehicle-to-vehicle (V2V) communication technologies in an NPRM for V2V.50 47 Even though crash investigators gather insightful information about the dynamics of crashes, some parameters cannot be determined or cannot be as accurately measured (such as the change in velocity) by traditional post-crash investigation procedures, such as visually examining and evaluating physical evidence, e.g., the crash-involved vehicles and skid marks. 48 NHTSA Report No. NHTSA–NVS–2011–ETC, ‘‘Technical Assessment of Toyota Electronic Throttle Control (ETC) Systems,’’ February 2011. 49 In March 2010 NHTSA began obtaining data from Toyota EDRs as part of its inquiry into allegations of unintended acceleration (UA), and as follow-up to the recalls of some Toyota models. The study analyzed cases in which the accelerator pedal became stuck or entrapped, seeking to determine the root cause of each crash. 50 Preliminary Regulatory Impact Analysis, FMVSS No. 150, Vehicle-to-Vehicle Communication Technologies for Light Vehicles, December 2016, HS 812 359. PO 00000 Frm 00150 Fmt 4700 Sfmt 4700 The requirements of this final rule will fulfill the outstanding need of adequate recording of pre-crash actions for investigation and reconstruction without overtasking the vehicle’s power and memory needs for capturing EDR data. The amendments may also result in foundational upgrades to the hardware and software for a modernized EDR, which could in turn support the capture and recording of other data elements. This final rule’s increased recording duration and refined resolution may also provide OEMs with more granular pre-crash information that manufacturers can use to evaluate and develop improvements for vehicle systems. NHTSA acknowledges that, similar to the establishment of part 563, it is difficult to estimate the exact portion of benefits creditable to an increased amount of EDR data after a standard is implemented or a safety countermeasure is developed. While stored data are valuable in terms of safety research and emergency response, it is not easy to quantify how they translate to the improvement of vehicle safety. However, increased recording duration and frequency will provide many overall benefits to the public, as described below. Increased Recording Duration Per the findings of the EDR Duration Study, the current part 563 EDR precrash recording duration of 5 seconds does not capture the initiation of precrash braking and steering maneuvers in a substantial percentage of cases. Based on the findings of the study a recording duration of 20 seconds is required to ensure that the initiation of pre-crash actions and maneuvers can be captured for most crashes. The three crash modes examined in the EDR Duration Study— rear-end, intersection, and roadway departure—comprised about 70 percent of all passenger vehicle crashes, annually.51 Separately, these crashes represent the most prevalent, relatively longer maneuvered times required, and relatively severe crashes (based on fatalities). Therefore, the newly required 20 second recording time is adequate to record the pre-crash actions for almost all crashes given the collective frequency of these three crash types and what they represent. Increasing the recording duration of pre-crash data will help ensure that data on the initiation of crash avoidance driving maneuvers are captured for most crashes. This increased recording duration will enhance the usefulness of 51 Derived from the NHTSA report ‘‘Target Crash Population for Crash Avoidance Technologies in Passenger Vehicles,’’ March 2019, DOT HS 812 653. E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102825 khammond on DSK9W7S144PROD with RULES the recorded information, potentially leading to further improvements in the safety of current and future vehicles. The study also found that a better understanding of pre-crash actions will assist in the evaluation of emerging crash avoidance systems (e.g., lane departure warning, lane keeping assist, forward collision avoidance, automatic emergency braking, and intersection safety assistance systems). The 20 second extended recording duration will be particularly useful in intersection crashes, which have an approach stage as the vehicle comes to the intersection and a traversal stage in which the vehicle is exposed in the intersection. Based on the EDR Duration Study, the currently required 5-second recording duration captures less than 1 percent of the total intersection event time, which includes the approach and traversal stage. The study found that 15 seconds would capture 50 percent of the total intersection event time, and 20 seconds would capture 95 percent of the total intersection event time. With this final rule’s increased recording duration, actions such as running a stop sign, rolling stops, or running a red light could be captured in full and included in the crash reconstruction when supplemented with roadway and traffic control information. In road departure crashes, longer durations could also capture any corrective maneuvers by the vehicle before the initial road departure. Increased Recording Frequency Currently most EDRs capture precrash data at a frequency of 2 Hz. However, based on EDR records in the NASS–CDS and CISS (Crash Investigation Sampling System) databases, some manufacturers already use models that voluntarily capture precrash data at 5 Hz or 10 Hz. Further, some vehicle manufacturers and suppliers have indicated their support for an increased frequency rate. When manufacturers and suppliers were asked about near-term plans for EDRs in the EDR Technology Study, some respondents expressed interest in adding, ‘‘higher sampling frequency and longer recording interval for pre-crash data, i.e., sampling interval better than 1⁄10 of a second.’’ 52 In support of the benefits of this final rule’s amendments to part 563, an increase in data recording frequency will help clarify the interpretation of recorded pre-crash information. For example, rapid vehicle control inputs (e.g., brake application and release or 52 DOT HS 812 929, pg. 39. Five vehicle manufacturers and three suppliers were interviewed as part of the study. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 rapid reversals in steering input of less than 0.5 seconds) may not be logged by an EDR that records data at 2 Hz. Although 20 seconds of pre-crash data will capture more crash causation information, a refinement in acquisition frequency is also needed to assuage data misinterpretation concerns. An improved data sampling rate is also needed due to the nature of crashes, which can include a quick sequence of events prior to a crash that require a vehicle’s crash avoidance technologies, such as Anti-lock Braking System and Electronic Stability Control, to activate quickly. To understand the performance and effectiveness of such systems, the sample rate of pre-crash data elements should be increased. In addition, as EDR output for pre-crash data elements is not synchronized,53 including at the previously required sample rate of 2 Hz, uncertainty could exist when an investigator is attempting to compare data at specific points in time with precision. The higher sample rate required by this final rule will reduce this potential uncertainty in relation to the relative timing of recorded data elements, to better correlate a driver’s commands and a vehicle’s performance. This final rule’s increased sample rate will also benefit crash causation analysis and pre-crash behavior. For example, additional events like momentary highly dynamic steering inputs, ABS, or ESC activation that are not recorded at the 2-Hz sample rate could be captured at 10 Hz. For multiimpact crash events, a sample rate of 10 Hz will allow the EDR to better capture the actions that occur when a vehicle undergoes a series of events (e.g., lane departure resulting in striking an object followed by striking another object in immediate succession). Further, an increase in recording frequency could help investigators better identify where vehicle dynamics prior to a crash event relate to pedal misapplication. Pedal misapplication crashes occur when a driver presses one pedal while intending to press another pedal. In an emergency braking situation, pedal misapplication would result in the driver pressing the accelerator pedal hard. Identifying and decreasing pedal misapplication events is important, as a recent study observed pedal misapplication rates involved a much higher percentage of events than 53 While true time synchronization of data originating from the vehicle network may not be possible, the increased sample rate for pre-crash data elements may reduce the potential uncertainty related to the relative timing of data elements, specifically for correlating the driver’s commands and the vehicle’s performance. PO 00000 Frm 00151 Fmt 4700 Sfmt 4700 previously estimated.54 While data points can be estimated to account for data gaps when recorded at 2 Hz, driver actions may not be captured by the EDR at the time they occur. This informational gap may result in underestimations of the accelerator application rate, resulting in a failure to identify pedal misapplication entirely, if, for example, the driver fully presses the accelerator pedal to 100 percent for a quarter of a second. An increased recording frequency of 10 Hz will help identify events involving pedal misapplication, potentially providing additional information on how to mitigate these events and improve vehicular safety. Finally, in addition to the many benefits provided by this final rule’s requirement to increase part 563’s data recording frequency requirements to 10 Hz, manufacturers’ voluntary integration of ADAS data elements recorded at a sample rate of 10 Hz could provide valuable insights on the performance of new technologies. For example, some vehicle manufacturers already voluntarily collect EDR data on the status and operation of ADAS technologies (e.g., activation of forward crash warning alerts, automatic emergency braking activations, and lane keeping assist technologies). In voluntarily collecting this information, manufacturers have generally adopted the sample rate used for pre-crash data elements voluntarily recorded by the EDR (2 Hz), but some current EDRs capture data at 10 Hz. Evidence has shown that an increased sample rate of 10 Hz will help provide the resolution needed to understand the real-world performance and effectiveness of these advanced crash avoidance systems and better estimate the actions of the vehicle prior to a crash, such as the traveling trajectory.55 This information will in turn allow researchers to better determine the timing of the sequence of pre-crash actions. B. Costs The Preliminary Regulatory Evaluation (PRE) the NPRM relied on to estimate costs considered only vehicles equipped with EDRs containing sufficient memory, microprocessor specifications, and reserve energy to record 20 seconds of data at 10 Hz. 54 Smith, C.P., Sherony, R., Gabler, H.C., and Riexinger, L.E., ‘‘Identifying Pedal Misapplication Behavior Using Event Data Recorders,’’ SAE Int. J. Advances & Curr. Prac. in Mobility 5(1):206–216, 2023, doi:10.4271/2022–01–0817. 55 Matsumura, H., and Itoh, T., ‘‘Study on Estimation of Traveling Trajectory Using the Recording Data in the Event Data Recorder,’’ SAE Int. J. Adv. & Curr. Prac. in Mobility 5(2):580–594, 2023, https://doi.org/10.4271/2022-01-0837. E:\FR\FM\18DER1.SGM 18DER1 102826 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations khammond on DSK9W7S144PROD with RULES NHTSA acknowledges comments criticizing the NPRM’s cost estimates for not adequately accounting for any changes needed to meet the proposed amendments. For example, the NPRM estimated additional memory costs by multiplying the additional 1,330 bytes to record for 20 seconds at 10 Hz by the cost of flash memory (0.072 cents/megabyte) reported in the EDR Technology Study. This calculation resulted in a cost estimate of $0.003 for additional memory per event. However, in response to comments received, the agency reviewed online estimates, which indicate that the unit cost for a 16 kB, 32 kB, and 64 kB EEPROM is $0.41, $0.46, and $0.56, respectively.56 This pricing results in an additional cost of $0.15 to increase memory from 16 kB to 64 kB.57 As such, this final rule is updating the estimated unit cost for memory upgrade (if all seven pre-crash data elements are recorded) to be $0.13 per vehicle. The $0.13 per vehicle includes $0.06 per vehicle to upgrade the storage memory and $0.07 per vehicle to upgrade the RAM, both based on two events being recorded. Although the PRE still applies to EDRs with sufficient memory, microprocessor specifications, and reserve energy to meet this final rule’s requirements, NHTSA acknowledges it did not comprehensively consider costs associated with older EDR technologies and the corresponding level of upgrades potentially required in vehicles equipped with them, including costs for redesign and validation. Per comments received, NHTSA understands not all vehicles are equipped with EDRs containing sufficient memory/processor capability/reserve energy to require only software changes.58 Based on feedback from commenters and in acknowledgement of this issue, NHTSA has revisited the cost estimates presented in the NPRM to determine the costs associated with meeting the requirements of this final rule given the wide variety of EDRs currently available. 56 See https://www.mouser.com/c/ semiconductors/memory-ics/eeprom as of July 25, 2023. 57 Note that RAM is generally more expensive than EEPROM, but NHTSA does not have a comparable price comparison because of a lack of data and online product information specifically for RAM designed for vehicle use. However, based on NHTSA’s internal analysis, RAM is approximately 20.0 percent more expensive than EEPROM given the same memory capacity. As a result, updating RAM would cost $0.07 (= 0.06 * 1.20). 58 The cost of upgrading this class of EDRs now reflects the ‘‘upper bound’’ of the cost analysis provided below and represents the need to go from a ‘‘base EDR’’ to an ‘‘upgraded EDR.’’ VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 Unlike the PRE, this final rule includes estimated costs for EDRs currently compliant with part 563 that need upgrades to meet this final rule’s new recording duration and frequency requirements. These updated cost estimates are presented via a ‘‘lower bound’’ and ‘‘upper bound’’ to capture the potential range for the total cost of the final rule. These bounds are in place to avoid speculating on how many vehicles and EDR platforms would only require software changes to meet the new data capture requirements versus those that would require hardware and software changes. Description of Upper and Lower Bound Cost Estimates The cost estimates presented in the Final Regulatory Evaluation (FRE) now represent a ‘‘lower bound’’ reflecting the incremental costs of ‘‘upgraded EDRs’’ that already have the capacity to comply with this final rule.59 The ‘‘upper bound’’ represents all the potential components of an EDR that may require upgrades to transition from a ‘‘base EDR’’ to an ‘‘upgraded EDR’’ to meet the requirements of this final rule. For this category of EDRs, the estimated costs encompass more than the incremental costs required to meet this final rule. As EDRs currently vary in hardware capabilities, the actual cost of the final rule should fall somewhere between the lower bound and upper bound of the cost estimates laid out below. Every part 563 pre-crash data element will require the capturing of an additional 190 data points to meet the 20 second recording duration and 10 Hz frequency requirement of this final rule. Specifically, for the 3 required data elements in Table I, the total number of additional data points is 570. For all 7 pre-crash data elements in Table I and II, the total number of additional data points is 1,330. The NPRM explained that manufacturers could accommodate this needed increase in memory by using the existing memory already available for capturing and recording EDR data (typically in the ACM). The NPRM estimated associated costs for these additional memory needs (1.33 kB for all 7 pre-crash elements) would be $0.003 per vehicle based on a conservative estimate of $0.002/kB. However, as previously acknowledged, these estimated costs did not account for EDRs requiring hardware upgrades 59 The agency recognizes that even with the approach taken in the PRE, manufacturers would still need to test and validate any redesigned EDR to ensure it would function as intended and not negatively affect the performance of the air bag systems in the vehicle. PO 00000 Frm 00152 Fmt 4700 Sfmt 4700 based on insufficient reserve energy or microprocessors. While many newer generation EDRs record at rates between 5 Hz to 10 Hz, most EDRs still record 5 seconds of precrash data. Although the agency has a large pool of EDR data, ascertaining the exact hardware specifications among various EDRs for the purposes of this rulemaking is not practical, as EDR modules come with a variety of chip designs capable of accomplishing similar functionality with similar costs, and this information is proprietary. The varied and proprietary nature of EDR designs thus makes defining a representative ‘‘base EDR’’ challenging. Further, EDR designs vary not only by manufacturer, but also often by vehicle model, and EDR capabilities are not standardized. Indeed, they must only meet the minimum requirements in part 563. For example, some EDRs record more than 5 seconds of pre-crash data, some record more than two events, and some voluntarily record more optional data elements than those specified in Table I or Table II of part 563. Further, some EDRs record the required and optional pre-crash data at different sample rates. Despite the lack of available data needed to perform a comprehensive assessment of EDR design specifications and corresponding functionalities, the agency used its best knowledge to adequately describe a representative base EDR representing the upper bound for the cost estimates based on the specifications in Table 3. We assumed that a base EDR does not have sufficient excess memory to record pre-crash data for 20 seconds at 10 Hz, requiring the microcontroller and reserve energy to be upgraded or increased to meet the requirements of this final rule. We also assumed that a base level EDR must be fully upgraded/modernized, meaning its associated costs are well in excess of the incremental costs associated with making an already updated EDR compliant with the final rule. This cost is more representative of a vehicle manufacturer updating its EDR capability with an eye towards recording additional data elements, such as data elements required by UN R160. If a manufacturer chooses to capture and record ADAS-related precrash data elements not listed in part 563, then hardware components may need to be upgraded well beyond what is required by this final rule. However, as mandated by the FAST Act, NHTSA is only changing the duration and sample rate of part 563 pre-crash data elements. For the lower bound of cost estimates, we assumed a vehicle is already E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102827 still require development time for software changes, testing, and validation. As a result, the estimated cost for this scenario would only include software redesign and EDR validation. An upgraded EDR representing the lower bound is described by the specifications in Table 3. equipped with an EDR capable of capturing pre-crash data for 20 seconds at 10 Hz, as well as additional unrequired data (i.e., it has already been upgraded by the vehicle manufacturer from the base level previously discussed to the fully modernized level). In this scenario, the ‘‘upgraded EDR’’ would not require hardware changes but may As shown in Table 3, the estimated cost to upgrade only the hardware of the base EDR to that of the upgraded EDR is $1.33 per EDR. This cost estimate includes an increase in the non-volatile memory capacity, a higher-performance MCU, and more reserve energy to capture and record the data and backup power to the system. TABLE 3—BASE EDR AND UPGRADED EDR HARDWARE SPECIFICATIONS USED FOR COST ESTIMATES Component Non-Volatile Memory ............................................ Microcontroller (32-bit) ......................................... Reserve Energy .................................................... Base EDR EEPROM or Flash ............................................... ROM ..................................................................... Memory ................................................................ RAM ..................................................................... Clock Frequency .................................................. Capacitance ......................................................... Upgraded EDR 16 kB ..................... 512 kB ................... 48 kB ..................... 48 kB ..................... 80 MHz .................. 3.3 μF .................... 64 kB. 1 MB. 96 kB. 96 kB. 120 MHz. 10 μF. Estimated costs to upgrade hardware for increased data capture (per unit) $1.33 ...................... Following publication of the NPRM and review of comments received NHTSA carried out a Final Regulatory Evaluation (FRE), available under the same docket number as this final rule, to estimate the total unit cost per EDR. The total unit cost consists of the following components: (1) increased memory capacity, (2) microcontroller upgrades, (3) energy reserve upgrade, (4) EDR redesign and validation, (5) assembling related material and labor costs, and (6) data imaging tool upgrade. The aggregated unit cost is the additional cost for an EDR to comply with the final rule. Based on these findings, the agency now estimates that the cost to upgrade EDRs to meet the new requirements under this final rule would range between $0.87 and $2.20 per vehicle equipped with an EDR.60 NHTSA estimates that this final rule will affect approximately 15.23 million light vehicles annually with a GVWR less than 8,501 lbs. This number is derived from Ward’s Automotive Yearbook 2022 and the agency’s NCAP data. Based on Ward’s data, from 2012 to 2021, the average annual sales of light vehicles with a GVWR less than 14,001 lbs was approximately 16.21 million. Due to the incompatible GVWR categorization in Ward’s data, NHTSA was not able to directly parse out the number of light vehicles, i.e., GVWR less than 8,501 lbs, so NCAP data was used. NCAP data includes the precise GVWR and expected sales volume, but only for models of vehicles that manufacturers reported to the agency. In other words, NCAP might not be adequate for assessing the absolute annual vehicle sale volume since the $0.00. expected sold volume might not be the actual volume sold and the reported models might not be comprehensive. However, NCAP is a reasonable, available source to derive the relative proportion of vehicles by GVWR. Based on 2021 and 2022 NCAP, an average of 6 percent of reported light vehicles had a GVWR greater than 8,500 lbs. Multiplying the annual sales from Ward’s data by the percentage of affected vehicles results in 15.23 million (= 16.21 million * 0.94). Based on approximately 15.23 million affected vehicles sold annually, the total estimated annual costs range from $13.26 million to $33.52 million.61 The FRE’s estimated unit cost per EDR for each cost component, the total unit cost, and the total annual costs for the lower and upper bound estimates are shown in Table 4. TABLE 4—COST ESTIMATES FOR INCREASED RECORDING DURATION OF EDR PRE-CRASH DATA Cost To Modernize EDR From Indicated Baseline Upgraded EDR (lower bound) khammond on DSK9W7S144PROD with RULES Cost components Memory Capacity Increase .......................................................................................................................... EEPROM/Flash Increase ..................................................................................................................... Buffer (Volatile Memory) ....................................................................................................................... Microcontroller Upgrades ............................................................................................................................. Energy Reserve Upgrade ............................................................................................................................ EDR Redesign and Validation ..................................................................................................................... Labor for Assembling ................................................................................................................................... Data Imaging Tool Upgrade ........................................................................................................................ Aggregated Unit Cost .................................................................................................................................. 60 All costs are in 2022 values. VerDate Sep<11>2014 15:22 Dec 17, 2024 $0.00 0.00 0.00 0.00 0.00 0.87 0.00 0.00 0.87 61 Costs for testing, evaluation, and other fixed costs are factored into the component unit costs by a 1.5 markup factor from its variable cost. Jkt 265001 PO 00000 Frm 00153 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1 Base EDR (upper bound) $0.13 0.06 0.07 1.10 0.02 0.87 0.08 0.00 2.20 102828 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations TABLE 4—COST ESTIMATES FOR INCREASED RECORDING DURATION OF EDR PRE-CRASH DATA—Continued Cost To Modernize EDR From Indicated Baseline Upgraded EDR (lower bound) Cost components Total Number of Affected Vehicles .............................................................................................................. 15,230,000 Total Cost of the Rule (in Millions) ............................................................................................... Given the lack of reliable available data discussed above, NHTSA has used the cost estimates provided by Auto Innovators in response to the NPRM to estimate the cost for redesign and validation in the FRE.62 Auto Innovators provided an estimated average development/testing cost of $8.4 million per OEM, based on feedback from OEMs. This estimate would amount to a total of $142.8 million collectively for the 17 OEMs that provided estimates to Auto Innovators and would only be considered part of the cost burden for the first year. Applying this cost to 16.4 million vehicles sold annually 63 over 10 years, the estimated cost per vehicle for this component is $0.87. In the FRE for this final rule, the estimated $0.87 for redesign and validation has been applied equally in both the lower bound and upper bound scenarios. Estimated costs for memory, microprocessors, and capacitors were derived from an online search, with sources presented in the FRE for this rulemaking. The components were filtered using the following specifications: automotive grade or use, reel package, and surfacemount. The sourced online sale unit prices were quoted for small quantities compared to the large quantities that OEMs may order for production. The unit prices were further discounted to 30 percent of the unit price.64 The costs for wiring and assembly have been adjusted for inflation from the estimated assembly costs presented in the 2006 EDR final rule. In acknowledgment of the updated estimated costs laid out in the FRE, NHTSA has added lead time to this final rule to allow OEMs additional time to comply with this final rule. This lead time should mitigate costs that may be khammond on DSK9W7S144PROD with RULES 62 NHTSA–2022–0021–0025. 63 Annual production of vehicles typically fitted with part 563 compliant EDRs averaged between 2015–2019 (pre-COVID). See https://www.epa.gov/ automotive-trends/explore-automotive-trendsdata#SummaryData. 64 Online quotes are for a sale quantity that is significantly less than the quantity that would be purchased by the manufacturers. To account for the efficiency of mass production and pricing power, NHTSA uniformly discounted these unit prices by 70 percent to represent the component price for manufacturers. This 70 percent discount may be conservative based on the agency’s knowledge. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 required for OEMs to meet this final rule. The added lead time will also allow for the phasing out of older EDR systems prior to the implementation of the 20 second and 10 Hz requirements. Phasing out these EDRs will help negate required upgrades and any costs associated with the necessary components and costs needed to develop and test the package. VI. Rulemaking Analyses and Notices Executive Orders 12866, 13563, and 14094, and DOT Regulatory Policies and Procedures We have considered the potential impact of this rule under Executive Order 12866, Executive Order 13563, Executive Order 14094, and DOT Order 2100.6A. This final rule is nonsignificant under E.O. 12866 and E.O. 14094 and was not reviewed by the Office of Management and Budget. It is also not considered ‘‘of special note to the Department’’ under DOT Order 2100.6A, Rulemaking and Guidance Procedures. As discussed in this final rule and the NPRM, the additional pre-crash data that would be collected by EDRs under this final rule would be valuable for the advancement of vehicle safety by enhancing and facilitating crash investigations, the evaluation of safety countermeasures, advanced restraint and safety countermeasure research and development, and certain safety defect investigations. Improvements in vehicle safety could occur indirectly from the collection of these data. We estimate that approximately 99.5 percent of model year 2021 passenger cars and other vehicles with a GVWR of 3,855 kg or less are already equipped with part 563-compliant EDRs. As discussed in the section on the cost impacts of this final rule, the agency believes that a portion of currently equipped EDRs would not require additional hardware to meet the requirements of this final rule and that the compliance costs would be low for software testing and validation. Additionally, this final rule’s lead time should allow manufacturers to choose how best to equip compliant EDRs in applicable vehicles by the effective date PO 00000 Frm 00154 Fmt 4700 Sfmt 4700 Base EDR (upper bound) $13.26 $33.52 of this final rule, while also mitigating costs. Updated cost estimates have been provided for EDRs that would require hardware and software updates. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires agencies to evaluate the potential effects of their proposed and final rules on small businesses, small organizations, and small Government jurisdictions. The Act requires agencies to prepare and make available an initial and final regulatory flexibility analysis (RFA) describing the impact of proposed and final rules on small entities. An RFA is not required if the head of the agency certifies that the proposed or final rule will not have a significant impact on a substantial number of small entities. I hereby certify that this rule would not have a significant economic impact on a substantial number of small entities. Additional details related to the basis of this finding can be found in the FRE for this rulemaking final rule. The factual basis for the certification (5 U.S.C. 605(b)) is set forth below. Although the agency is not required to issue an initial regulatory flexibility analysis, this section discusses many of the issues that an initial regulatory flexibility analysis would address. This final rule creates minor amendments to 49 CFR part 563, Event Data Recorders (EDRs), to extend the recording period for pre-crash elements in voluntarily installed EDRs from 5 seconds of pre-crash data at a sample rate of 2 Hz to 20 seconds of pre-crash data at a sample rate of 10 Hz. This final rule applies to vehicle manufacturers that produce light vehicles with a GVWR not greater than 3,855 kg (8,500 pounds) and voluntarily install EDRs in their vehicles. It also applies to finalstage manufacturers and alterers. We know of no Federal rules which duplicate, overlap, or conflict with the final rule. The Small Business Administration’s size standard regulation at 13 CFR part 121, ‘‘Small business size regulations,’’ prescribes small business size standards by North American Industry Classification System (NAICS) codes. E:\FR\FM\18DER1.SGM 18DER1 khammond on DSK9W7S144PROD with RULES Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102829 NAICS code 336211, Motor Vehicle Body Manufacturing, prescribes a small business size standard of 1,000 or fewer employees. NAICS code 336390, Other Motor Vehicle Parts Manufacturing, prescribes a small business size standard of 1,000 or fewer employees. Most motor vehicle manufacturers would not qualify as a small business. There are a number of vehicle manufacturers that are small businesses. This final rule will directly affect 20 single stage motor vehicle manufacturers.65 None of these are qualified as a small business. However, NHTSA analyzed current small manufacturers, multistage manufacturers, and alterers that currently have part 563 compliant EDRs and found that 13 motor vehicle manufacturers affected by this rulemaking would qualify as small businesses. While these 13 motor vehicle manufacturers qualify as small businesses, none of them would be significantly affected by this rulemaking for several reasons. First, vehicles that contain EDRs are already required to comply with part 563. These small businesses generally adhere to original equipment manufacturers’ instructions in manufacturing modified and altered vehicles. Based on our knowledge, original equipment manufacturers do not permit a final stage manufacturer or alterer to modify or alter sophisticated devices such as air bags or EDRs. Therefore, multistage manufacturers and alterers will be able to rely on the certification and information provided by the original equipment manufacturer for EDRs This rule may require hardware changes and will require adjusting the recording time and sampling rate for up to seven pre-crash data elements. As previously stated, the agency believes some current or planned systems can accommodate these changes. Additionally, NHTSA believes the market for the vehicle products of the 13 small vehicle manufacturers is highly inelastic, meaning that purchasers of their products are enticed by the desire to have a highly customized vehicle. Generally, under this circumstance, if any prices increase, the price of competitor’s models will also need to be raised by a similar amount, since all light vehicles must comply with the standards. Therefore, any reasonable price increase will not have any effect on sales of these vehicles. NHTSA also 65 BMW, Fiat/Chrysler (Ferrari and Maserati), Ford, Geely (Volvo), General Motors, Honda (Acura), Hyundai, Kia, Lotus, Mazda, Mercedes, Mitsubishi, Nissan (Infiniti), Porsche, Subaru, Suzuki, Tata (Jaguar and Land Rover), Tesla, Toyota (Lexus), and Volkswagen/Audi. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 designed the final rule to provide two years of lead time before the implementation of this final rule. Limited line 66 and small-volume manufacturers 67 will only need to produce compliant EDRs on or after September 1, 2029. Manufacturers producing altered vehicles or vehicles in two or more stages will have one additional year, until September 1, 2030, for compliance. This additional time provides any affected entities flexibility and ample time to make the necessary assessments to acquire a basis for certifying their vehicles’ compliance. Executive Order 13132 (Federalism) NHTSA has examined this rule pursuant to Executive Order 13132 (64 FR 43255, August 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 this rule will not have sufficient federalism implications to warrant consultation with State and local officials or the preparation of a federalism summary impact statement. The 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 preempt 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 addressing the same aspect of performance. The express preemption provision described above is subject to a savings clause under which compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from 66 Limited line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year. 67 Small-volume manufacturer as defined in § 571.127, ‘‘Automatic emergency braking systems for light vehicles,’’ is an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States. PO 00000 Frm 00155 Fmt 4700 Sfmt 4700 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. NHTSA rules can also preempt State law if complying with the FMVSS would render the motor vehicle manufacturers liable under State tort law. 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. 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 Orders 13132 and 12988, NHTSA has considered whether this 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 (i.e., the language and structure of the regulatory text) and objectives of this rule and finds that this rule, like many NHTSA rules, would prescribe only a minimum safety standard. As such, NHTSA does not intend this rule to preempt state tort law that would effectively impose a higher standard on motor vehicle manufacturers. Establishment of a higher standard by means of State tort law will not conflict with the minimum standard adopted here. Without any conflict, there could not be any implied preemption of a State common law tort cause of action. This final rule proposes technical amendments to an already existing regulation.68 When 49 CFR part 563 was promulgated in 2006, NHTSA explained its view that any state laws or regulations that prohibit the types of EDRs addressed by part 563 would create a conflict and therefore be preempted. As a result, regarding this final rule, NHTSA does not believe there are current state laws or regulations for EDRs that conflict with part 563 or with the overall minor 68 The 2006 final rule promulgating 49 CFR part 563 discussed preemption at length. See 71 FR 50907, 51029 (Aug. 28, 2006). E:\FR\FM\18DER1.SGM 18DER1 102830 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations change to capture time proposed by this document. Further, the amendments required by this final rule are directed by the FAST Act, which directs NHTSA to conduct a study to determine the amount of time EDRs should capture and record data to provide sufficient information for crash investigators, and conduct a rulemaking based on this study to establish the appropriate recording period in part 563. NHTSA conducted an EDR Duration Study and submitted a Report to Congress summarizing the results of this study in September 2018. This final rule fulfills the rulemaking mandated by the FAST Act. To the extent there are state laws with different capture times than that required by this final rule, Congress made the determination in the FAST Act that the capture time required by part 563 should be extended. NHTSA is issuing this final rule in accordance with that statutory mandate. khammond on DSK9W7S144PROD with RULES Executive Order 12988 (Civil Justice Reform) When promulgating a regulation, Executive Order 12988 specifically requires that the agency must make every reasonable effort to ensure that the regulation, as appropriate: (1) Specifies in clear language the preemptive effect; (2) specifies in clear language the effect on existing Federal law or regulation, including all provisions repealed, circumscribed, displaced, impaired, or modified; (3) provides a clear legal standard for affected conduct rather than a general standard, while promoting simplification and burden reduction; (4) specifies in clear language the retroactive effect; (5) specifies whether administrative proceedings are to be required before parties may file suit in court; (6) explicitly or implicitly defines key terms; and (7) addresses other important issues affecting clarity and general draftsmanship of regulations. Pursuant to this Order, NHTSA notes as follows. The preemptive effect of this rule 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. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et. seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 Congress and to the Comptroller General of the United States. NHTSA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule does not meet the criteria in 5 U.S.C. 804(2) to be considered a major rule. The rule will be effective sixty days after the date of publication in the Federal Register. Executive Order 13609 (Promoting International Regulatory Cooperation) Executive Order 13609, ‘‘Promoting International Regulatory Cooperation,’’ promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The agency is currently participating in the negotiation and development of technical standards for Event Data Recorders in the United Nations Economic Commission for Europe (UNECE) World Forum for Harmonization of Vehicle Regulations (WP.29). As a signatory member, NHTSA is obligated to initiate rulemaking to incorporate safety requirements and options specified in Global Technical Regulations (GTRs) if the U.S. votes in the affirmative to establish the GTR. No GTR for EDRs has been developed at this time. NHTSA has analyzed this rule under the policies and agency responsibilities of Executive Order 13609 and has determined this rulemaking would have no effect on international regulatory cooperation. National Environmental Policy Act NHTSA has analyzed this rule for the purposes of the National Environmental Policy Act. In accordance with 49 CFR 1.81, 42 U.S.C. 4336, and DOT NEPA Order 5610.1C, NHTSA has determined that this rule is categorically excluded pursuant to 23 CFR 771.118(c)(4) (planning and administrative activities, such as promulgation of rules, that do not involve or lead directly to construction). This rulemaking, which amends regulations regarding Event Data Records (EDRs) to extend the EDR recording period of timed data metrics from 5 seconds of pre-crash data at a frequency of 2Hz to 20 seconds of precrash data at a frequency of 10 Hz, is not anticipated to result in any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. PO 00000 Frm 00156 Fmt 4700 Sfmt 4700 Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA), a person is not required to respond to a collection of information by a Federal agency unless the collection displays a valid Office of Management and Budget (OMB) control number. This final rule makes amendments that relate to an information collection that is subject to the PRA, but the amendments are not expected to increase the burden associated with the information collection. In compliance with the requirements of the PRA, NHTSA published a notice in the Federal Register on August 26, 2021 (86 FR 47719), seeking public comment and providing a 60-day comment period. NHTSA followed up with a second notice, published on March 17, 2022 (87 FR 15302), announcing that the agency was submitting the information collection request to OMB for approval. OMB approved the collection without change on September 29, 2022 (OMB Control No. 2127–0758). 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 International (SAE). The NTTAA directs us to provide Congress, through OMB, explanations when we decide not to use available and applicable voluntary consensus standards. The NTTAA requires agencies to use voluntary consensus standards in lieu of government-unique standards except where inconsistent with law or otherwise impractical. There are several consensus standards related to EDRs, most notably those standards published by SAE (J1698— Event Data Recorder) and the Institute of Electrical and Electronics Engineers (IEEE) (Standard 1616, IEEE Standard for Motor Vehicle Event Data Recorder). NHTSA carefully considered the consensus standards applicable to EDR data elements in establishing part 563. Consensus standards for recording time/ intervals, data sample rates, data E:\FR\FM\18DER1.SGM 18DER1 khammond on DSK9W7S144PROD with RULES Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102831 retrieval, data reliability, data range, accuracy and precision, and EDR crash survivability were evaluated by NHTSA and adopted when appropriate. The FAST Act directed NHTSA to conduct a study to determine the amount of time EDRs should capture and record precrash data to provide sufficient information for crash investigators, and to conduct a rulemaking based on this study to establish the appropriate recording period in NHTSA’s EDR regulation. NHTSA conducted the EDR Duration Study and submitted a Report to Congress summarizing the results of this study in September 2018. This rulemaking exceeds the pre-crash data recording durations of the SAE and IEEE standards (i.e., SAE and IEEE recommend recording 8 seconds of precrash data) based upon the new information obtained from the EDR Duration Study. The results of the study on EDR recording duration suggest that the recommended recording duration by these standards would not capture the initiation of crash avoidance maneuvers. NHTSA declines to adopt the voluntary consensus standards for the pre-crash recording because such a decision would be inconsistent with the best available information to the agency and conflict with the outcome of a study required by the FAST Act. This final rule would not result in expenditures by State, local, or tribal governments, in the aggregate, or by the private sector in excess of $158 million (in 2020 dollars) annually. As a result, the requirements of section 202 of the Act do not apply. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, requires Federal agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually (adjusted for inflation with base year of 1995). Adjusting this amount by the implicit gross domestic product price deflator for the year 2020 results in $158 million (113.625/71.868 = 1.581). Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generally requires the agency to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the agency to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the agency publishes with the final rule an explanation of why that alternative was not adopted. Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any rulemaking that: (1) is determined to be significant as defined under E.O. 12866, and is likely to have a significantly adverse effect on the supply of, distribution of, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. This rulemaking is not subject to E.O. 13211. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 Executive Order 13045 (Protection of Children From Environmental Health and Safety Risks) Executive Order 13045, ‘‘Protection of Children from Environmental Health and Safety Risks,’’ (62 FR 19885, April 23, 1997) applies to any proposed or final rule that: (1) is determined to be ‘‘economically significant,’’ as defined in E.O. 12866, and (2) concerns an environmental health or safety risk that NHTSA has reason to believe may have a disproportionate effect on children. If a rule meets both criteria, the agency must evaluate the environmental health or safety effects of the rule on children and explain why the rule is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. This rulemaking is not subject to the Executive order because it is not economically significant as defined in E.O. 12866. Executive Order 13211 Privacy The E-Government Act of 2002, Public Law 107–347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a Privacy Impact Assessment when they develop or procure new information technology involving the collection, maintenance, or dissemination of information in identifiable form or they make substantial changes to existing information technology that manages information in identifiable form. A PIA is an analysis of how information in identifiable form is collected, stored, protected, shared, and managed. The purpose of a PIA is to demonstrate that system owners and developers have incorporated privacy protections throughout the entire life cycle of a system. PO 00000 Frm 00157 Fmt 4700 Sfmt 4700 The Agency submitted a Privacy Threshold Analysis analyzing this rulemaking to the DOT, Office of the Secretary’s Privacy Office (DOT Privacy Office). The DOT Privacy Office has determined that this rulemaking does not create privacy risk because no new or substantially changed technology would collect, maintain, or disseminate information in an identifiable form because of this rule. NHTSA also notes that the Driver Privacy Act of 2015 assigns ownership of EDR data to the vehicle owner, provides limitations on data retrieval from EDR data, and generally prohibits access to EDR data with specific exceptions to this general rule. Plain Language Requirement E.O. 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public’s needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that isn’t clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? NHTSA has considered these questions and attempted to use plain language in promulgating this final rule. If readers have suggestions on how we can improve our use of plain language, please write us. 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. List of Subjects in 49 CFR Part 563 Motor vehicle safety, Motor vehicles, Reporting and record keeping requirements. In consideration of the foregoing, NHTSA amends 49 CFR part 563 as follows: E:\FR\FM\18DER1.SGM 18DER1 102832 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations § 563.5 PART 563—EVENT DATA RECORDERS Definitions. * 1. Revise the authority citation for part 563 to read as follows: ■ Authority: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166, 30168; delegation of authority at 49 CFR 1.95. 2. Add definitions for ‘‘Limited-line manufacturer’’ and ‘‘Small-volume manufacturer’’ in alphabetical order to § 563.5(b) to read as follows: ■ * * * * (b) * * * * * * * * Limited-line manufacturer means a manufacturer that sells three or fewer carlines, as that term is defined in 49 CFR 583.4, in the United States during a production year. * * * * * Small-volume manufacturer means an original vehicle manufacturer that produces or assembles fewer than 5,000 vehicles annually for sale in the United States. * * * * * ■ 3. Revise § 563.7 to read as follows: § 563.7 Data elements. (a) Data elements required for all vehicles. Each vehicle equipped with an EDR must record all of the data elements listed in table I to § 563.7(a), during the interval/time and at the sample rate specified in that table. TABLE I TO § 563.7(a)—DATA ELEMENTS REQUIRED FOR ALL VEHICLES EQUIPPED WITH AN EDR Data sample rate (samples per second) Recording interval/time 1 (relative to time zero) Data element Delta-V, longitudinal .................................................................... Maximum delta-V, longitudinal .................................................... Time, maximum delta-V .............................................................. Speed, vehicle indicated ............................................................. Engine throttle, % full (or accelerator pedal, % full) ................... Service brake, on/off ................................................................... Ignition cycle, crash .................................................................... Ignition cycle, download .............................................................. Safety belt status, driver ............................................................. Frontal air bag warning lamp, on/off 2 ......................................... Frontal air bag deployment, time to deploy, in the case of a single stage air bag, or time to first stage deployment, in the case of a multi-stage air bag, driver. Frontal air bag deployment, time to deploy, in the case of a single stage air bag, or time to first stage deployment, in the case of a multi-stage air bag, right front passenger. Multi-event, number of event ...................................................... Time from event 1 to 2 ............................................................... Complete file recorded (yes, no) ................................................ 0 to 250 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. 0–300 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. 0–300 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. ¥20.0 to 0 sec 4 ........................................................................ ¥20.0 to 0 sec 4 ........................................................................ ¥20.0 to 0 sec 4 ........................................................................ ¥1.0 sec .................................................................................... At time of download 3 ................................................................. ¥1.0 sec .................................................................................... ¥1.0 sec .................................................................................... Event .......................................................................................... 100 N/A N/A 4 10 4 10 4 10 N/A N/A N/A N/A N/A Event .......................................................................................... N/A Event .......................................................................................... As needed .................................................................................. Following other data .................................................................. N/A N/A N/A 1 Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is ¥0.1 to 1.0 sec (e.g., T = ¥1 would need to occur between ¥1.1 and 0 seconds.) 2 The frontal air bag warning lamp is the readiness indicator specified in S4.5.2 of FMVSS No. 208, and may also illuminate to indicate a malfunction in another part of the deployable restraint system. 3 The ignition cycle at the time of download is not required to be recorded at the time of the crash, but shall be reported during the download process. 4 For vehicles manufactured before September 1, 2027, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. For vehicles manufactured before September 1, 2029 by small-volume manufacturers and limited-line manufacturers, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. For vehicles manufactured before September 1, 2030 by manufacturers producing altered vehicles or vehicles in two or more stages, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. (b) Data elements required for vehicles under specified conditions. Each vehicle equipped with an EDR must record each of the data elements listed in column 1 of table II to § 563.7(b) for which the vehicle meets the condition specified in column 2 of that table, during the interval/time and at the sample rate specified in that table. TABLE II TO § 563.7(b)—DATA ELEMENTS REQUIRED FOR VEHICLES UNDER SPECIFIED MINIMUM CONDITIONS khammond on DSK9W7S144PROD with RULES Data element name Condition for requirement Lateral acceleration ....................... Longitudinal acceleration ............... Normal acceleration ....................... Delta-V, lateral ............................... VerDate Sep<11>2014 15:22 Dec 17, 2024 If If If If recorded 2 .................................. recorded .................................... recorded .................................... recorded .................................... Jkt 265001 PO 00000 Frm 00158 Fmt 4700 Data sample rate (per second) Recording interval/time 1 (relative to time zero) N/A ................................................ N/A ................................................ N/A ................................................ 0–250 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. Sfmt 4700 E:\FR\FM\18DER1.SGM N/A N/A N/A 100 18DER1 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102833 khammond on DSK9W7S144PROD with RULES TABLE II TO § 563.7(b)—DATA ELEMENTS REQUIRED FOR VEHICLES UNDER SPECIFIED MINIMUM CONDITIONS—Continued Data element name Condition for requirement Maximum delta-V, lateral ............... If recorded .................................... Time maximum delta-V, lateral ...... If recorded .................................... Time for maximum delta-V, resultant. If recorded .................................... Engine rpm .................................... Vehicle roll angle ........................... ABS activity (engaged, non-engaged). Stability control (on, off, or engaged). Steering input ................................. Safety belt status, right front passenger (buckled, not buckled). Frontal air bag suppression switch status, right front passenger (on, off, or auto). Frontal air bag deployment, time to nth stage, driver 4. Data sample rate (per second) Recording interval/time 1 (relative to time zero) N/A If recorded .................................... If recorded .................................... If recorded .................................... 0–300 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. 0–300 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. 0–300 ms or 0 to End of Event Time plus 30 ms, whichever is shorter. ¥20.0 to 0 sec 5 ........................... ¥1.0 up to 5.0 sec 3 ..................... ¥20.0 to 0 sec 5 ........................... If recorded .................................... ¥20.0 to 0 sec 5 ........................... 5 10 If recorded .................................... If recorded .................................... ¥20.0 to 0 sec 5 ........................... ¥1.0 sec ...................................... 5 10 If recorded .................................... ¥1.0 sec ...................................... N/A If equipped with a driver’s frontal air bag with a multi-stage inflator. Frontal air bag deployment, time to If equipped with a right front pasnth stage, right front passenger 4. senger’s frontal air bag with a multi-stage inflator. Frontal air bag deployment, nth If recorded .................................... stage disposal, driver, Y/N (whether the nth stage deployment was for occupant restraint or propellant disposal purposes). Frontal air bag deployment, nth If recorded .................................... stage disposal, right front passenger, Y/N (whether the nth stage deployment was for occupant restraint or propellant disposal purposes). Side air bag deployment, time to If recorded .................................... deploy, driver. Side air bag deployment, time to If recorded .................................... deploy, right front passenger. Side curtain/tube air bag deployIf recorded .................................... ment, time to deploy, driver side. Side curtain/tube air bag deployIf recorded .................................... ment, time to deploy, right side. Pretensioner deployment, time to If recorded .................................... fire, driver. Pretensioner deployment, time to If recorded .................................... fire, right front passenger. Seat track position switch, foreIf recorded .................................... most, status, driver. Seat track position switch, foreIf recorded .................................... most, status, right front passenger. Occupant size classification, driver If recorded .................................... Occupant size classification, right If recorded .................................... front passenger. Occupant position classification, If recorded .................................... driver. Occupant position classification, If recorded .................................... right front passenger. Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A Event ............................................. N/A ¥1.0 sec ...................................... N/A ¥1.0 sec ...................................... N/A ¥1.0 sec ...................................... ¥1.0 sec ...................................... N/A N/A ¥1.0 sec ...................................... N/A ¥1.0 sec ...................................... N/A N/A N/A 5 10 10 5 10 N/A 1 Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is ¥0.1 to 1.0 sec (e.g., T = ¥1 would need to occur between ¥1.1 and 0 seconds.) 2 ‘‘If recorded’’ means if the data is recorded in non-volatile memory for the purpose of subsequent downloading. 3 ‘‘Vehicle roll angle’’ may be recorded in any time duration; ¥1.0 sec to 5.0 sec is suggested. 4 List this element n¥1 times, once for each stage of a multi-stage air bag system. VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 PO 00000 Frm 00159 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1 102834 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 5 For vehicles manufactured before September 1, 2027, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. For vehicles manufactured before September 1, 2029 by small-volume manufacturers and limited-line manufacturers, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. For vehicles manufactured before September 1, 2030 by manufacturers producing altered vehicles or vehicles in two or more stages, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501. Adam Raviv, Chief Counsel. [Final Rule, RIN 2127–AM12, 49 CFR part 563 Event Data Recorders] [FR Doc. 2024–29862 Filed 12–17–24; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 241212–0325] RIN 0648–BN01 Fisheries of the Northeastern United States; Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS is implementing regulations for Framework Adjustment 15 to the Monkfish Fishery Management Plan/Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan, which the New England and MidAtlantic Fishery Management Councils jointly recommended and NMFS approved. This action establishes areabased gear requirements for vessels fishing with gillnets in the monkfish fishery, starting on January 1, 2026, and for vessels fishing with gillnets in the spiny dogfish fishery starting on May 1, 2025. This action is necessary to minimize bycatch of Atlantic sturgeon in the monkfish and spiny dogfish fisheries to the extent practicable and fulfill requirements of the Biological Opinion on Ten Fishery Management Plans in the Greater Atlantic Region and the New England Fishery Management Council’s Omnibus Habitat Amendment 2. DATES: Effective May 1, 2025. ADDRESSES: Copies of the Framework 15/Framework 6 document, including the Regulatory Flexibility Act Analysis and other supporting documents for the khammond on DSK9W7S144PROD with RULES SUMMARY: VerDate Sep<11>2014 15:22 Dec 17, 2024 Jkt 265001 measures, are available from Dr. Cate O’Keefe, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950 and Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901. The Framework 15/Framework 6 document is also accessible via the internet at: https://www.nefmc.org/ management-plans/monkfish or https:// www.mafmc.org/dogfish. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy Analyst, (978) 281–9232. SUPPLEMENTARY INFORMATION: Background The New England Fishery Management Council (New England Council) and the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council) (collectively, the Councils) jointly manage both the Monkfish and Spiny Dogfish Fishery Management Plans (FMP). The New England Council is the administrative lead for the Monkfish FMP, while the Mid-Atlantic Council is the lead for the Dogfish FMP. NMFS issued a Biological Opinion on May 27, 2021, that considered the effects of the authorization of two interstate fishery management plans (ISFMP) and eight Federal FMPs, including the Monkfish and Spiny Dogfish FMPs, on Endangered Species Act (ESA)-listed species and designated critical habitat through a formal Section 7 consultation. The Biological Opinion determined that NMFS’s authorization of the eight FMPs and two ISFMPs may adversely affect, but is not likely to jeopardize, Atlantic sturgeon. The Biological Opinion included an Incidental Take Statement and Reasonable and Prudent Measures (RPM) with accompanying Terms and Conditions to minimize the impacts of incidental take of Atlantic sturgeon. The RPMs required that NMFS convene a working group to review all of the available information on Atlantic sturgeon bycatch in the federally permitted large-mesh gillnet fisheries and, by May 27, 2022, develop an Action Plan to reduce Atlantic sturgeon bycatch in these fisheries by 2024. NMFS initially issued the Action Plan on May 26, 2022, and revised it on September 26, 2022, to incorporate feedback from the Councils and public. The Councils subsequently developed PO 00000 Frm 00160 Fmt 4700 Sfmt 4700 this joint framework action—Framework 15 to the Monkfish FMP and Framework 6 to the Dogfish FMP—to address the recommendations of the Action Plan and fulfill the requirements of the Biological Opinion. Under the Magnuson-Stevens Fishery Conservation and Management Act, we approve, disapprove, or partially approve measures that the Councils propose, based on consistency with the Act and other applicable law. We review proposed regulations for consistency with the FMP, plan amendment, the Magnuson-Stevens Act and other applicable law, and publish the proposed regulations, solicit public comment, and promulgate the final regulations. We have approved all of the measures in this joint framework action recommended by the Councils, as described below. The measures implemented in this final rule: • Require vessels fishing on a monkfish day-at-sea (DAS) within the New Jersey Atlantic Sturgeon Bycatch Reduction Area to use low-profile gillnet gear, beginning on January 1, 2026; • Prohibit dogfish vessels fishing in the New Jersey Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water overnight during the months of May and November, effective May 1, 2025; and • Prohibit dogfish vessels fishing in the Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area and Virginia Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water overnight from November through March, effective May 1, 2025. Approved Measures 1. Low-Profile Gillnet Gear The regulations implemented by this final rule require vessels fishing on a Monkfish DAS within the New Jersey Atlantic Sturgeon Bycatch Reduction Area that are using large mesh (i.e., greater than or equal to 10 inches (25.4 centimeters (cm)) to use low-profile gillnet gear, beginning on January 1, 2026. Low-profile gillnet gear is defined in this final rule as having: • Mesh size ranging from 12 to 13 inches (30.48 to 33.02 cm); • Net height ranging from 6 to 8 meshes tall; • Net length of 300 feet (91.44 meters (m)); • Tie-down length of less than or equal to 30 inches (76.2 cm); E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102810-102834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29862]

[[Page 102810]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 563

[Docket No. NHTSA-2024-0084]
RIN 2127-AM12

Event Data Recorders

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

ACTION: Final rule.

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SUMMARY: This final rule amends regulations regarding event data
recorders (EDRs) to extend the EDR recording period for timed data
metrics from 5 seconds of pre-crash data at a frequency of 2 Hz to 20
seconds of pre-crash data at a frequency of 10 Hz. This final rule
responds to the mandate of the Fixing America's Surface Transportation
Act (FAST Act) to establish the appropriate recording period in NHTSA's
EDR regulation.

DATES: Effective Date: This rule is effective January 17, 2025.
Compliance Dates: The compliance date is September 1, 2027.
Vehicles produced by small-volume or limited-line manufacturers must
comply with this final rule on or after September 1, 2029. Altered
vehicles and vehicles manufactured in two or more stages must comply
with this final rule if manufactured on or after September 1, 2030.
Petition for reconsideration: Petitions for reconsideration of this
final rule must be received not later than February 3, 2025.

ADDRESSES: Petitions for reconsideration of this final rule must refer
to the docket number set forth above (NHTSA-2024-0084) and be submitted
to the Administrator, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590. Note that all
petitions received will be posted without change to https://www.regulations.gov, including any personal information provided.
Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit your
complete submission, including the information you claim to be
confidential business information, to the Chief Counsel, NHTSA, at the
address given under FOR FURTHER INFORMATION CONTACT. In addition, you
should submit a copy, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above. When you send a submission containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation (49 CFR part 512). Please see further
information in the Regulatory Notices and Analyses section of this
preamble.
Privacy Act: The petition will be placed in the docket. Anyone is
able to search the electronic form of all documents received into any
of our dockets by the name of the individual submitting the 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 (65 FR
19477-78) or you may visit https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, or the street address
listed above. Follow the online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT:
For technical issues: Mr. Joshua McNeil, Office of Crashworthiness
Standards, Telephone: (202) 366-1810, Facsimile: (202) 493-2739.
For legal issues: Ms. Natasha D. Reed, Office of the Chief Counsel,
Telephone: (202) 366-2992, Facsimile: (202) 366-3820. The mailing
address for these officials is: National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
A. Overview of the Event Data Recorder Technology and Regulatory
History
B. The Fixing America's Surface Transportation Act
III. Notice of Proposed Rulemaking
A. Developments Culminating in the NPRM
B. Summary of the NPRM
C. Requirements of the Final Rule
D. Lead Time
IV. Final Rule and Response to Comments
A. Recording Duration and Sampling Rate
B. EDR Components
C. Additional Data Elements
D. Privacy Considerations
E. International Harmonization
F. Other Considerations
V. Summary of Estimated Costs and Benefits
A. Benefits
B. Costs
VI. Rulemaking Analyses and Notices

I. Executive Summary

NHTSA established 49 CFR part 563 (part 563) in 2006, setting forth
requirements for data elements, data capture and format, data
retrieval, and data crash survivability of EDRs.\1\ Part 563 does not
mandate EDRs on vehicles, but is instead an ``if equipped'' standard
applying only to light vehicles required to have frontal air bags that
a manufacturer chooses to voluntarily equip with EDRs.\2\ Part 563
ensures all EDRs subject to the regulation capture the same core set of
data elements in a crash, standardizes the parameters (format,
duration, etc.) of captured data elements, and sets minimum
requirements for data survivability.\3\ Part 563 further requires that
manufacturers of vehicles with EDRs subject to part 563 make
commercially available a tool for the purpose of downloading \4\ the
data collected by the EDR.
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\1\ 71 FR 50998 (Aug. 28, 2006).
\2\ In 2012, NHTSA proposed to convert part 563's ``if
equipped'' requirements for EDRs into a new Federal Motor Vehicle
Safety Standard (FMVSS) mandating the installation of EDRs in most
light vehicles. The NPRM did not propose making any changes to the
current EDR regulation's performance requirements, including those
for the required data elements (77 FR 74144 (Dec. 13, 2012)). In
2019, NHTSA withdrew that proposal due to the near universal
installation of EDRs on light vehicles (84 FR 2804 (Feb. 8, 2019)).
\3\ Part 563 requires EDR data to survive the crash tests in
FMVSS Nos. 208, ``Occupant crash protection,'' and 214, ``Side
impact protection.''
\4\ For the purposes herein, we are using the term
``downloading'' to refer to the process by which data are retrieved
from an EDR. When downloading the data on an EDR, the original data
set remains intact and unchanged in the memory banks of the EDR.
NHTSA has also used the term ``imaging'' in other documents to refer
to the same process. NHTSA uses imaging and downloading
interchangeably.
---------------------------------------------------------------------------

This rulemaking amends current NHTSA regulations regarding EDRs
under part 563 by extending the capture and recording period for timed
data metrics from 5 seconds of pre-crash data at a sample rate of 2 Hz
to 20 seconds of pre-crash data at a sample rate of 10 Hz (i.e., an
increase from 2 samples per second to 10 samples per second). The
objective of this amendment is to capture and record the appropriate
amount of data to provide sufficient vehicle-related data to assist
investigations of the cause of motor vehicle crashes. This rulemaking
is issued in response to a statutory mandate under section 24303 of the
Fixing America's Surface Transportation Act (FAST Act), Pub. L. 119-14
(Dec. 4, 2015).
The increased sample rate required by this final rule will provide
crash investigators a better understanding of the sequence of pre-crash
actions, and

[[Page 102811]]

the increased recording duration will provide more details on actions
taken prior to crashes. Specifically, with the implementation of this
final rule's increased recording duration, actions such as running a
stop sign or red light could be captured in full and included in crash
reconstruction when supplemented with roadway and traffic control
information. The increased recorded duration could also help capture
any corrective maneuvers taken by a vehicle prior to an initial road
departure. The increased data recording frequency required by this
final rule will help clarify the interpretation of recorded pre-crash
information, including braking and steering actions taken by a vehicle.
It will also help reduce potential uncertainty related to the relative
timing of recorded data elements, and assist with the identification of
potential pedal misapplication.

II. Background

A. Overview of the Event Data Recorder Technology and Regulatory
History

Event data recorders are devices installed in a vehicle to capture
and record technical information immediately before and during a crash
on the status and operation of vehicle systems. An EDR reserves a
random access memory (RAM) buffer the size of one EDR record to locally
store data before the data are written to memory. The data are
typically stored using Electrically Erasable Programmable Read-Only
Memory (EEPROM) or data flash memory,\5\ both of which are types of
non-volatile memory. The RAM buffer is typically embedded in the
microprocessor, a component of the EDR that may require an upgrade if
the processing capabilities are insufficient to meet the new EDR data
capture requirements. During a crash, one or more capacitors are used
as backup power (energy reserve) to power the EDR, as the main battery
is assumed to be cut off. The capacitor(s) must have sufficient energy
to power the entire transfer of data. These components are housed in
packaging and manufacturer development and validation stages are aimed
at ensuring the EDR functions as intended.
---------------------------------------------------------------------------

\5\ Flash memory is an electronic computer memory storage medium
that can be electrically erased and reprogrammed and can retain
stored information even when power is removed.
---------------------------------------------------------------------------

EDR event data are permanently recorded at the end of a specified
event. In most cases, data are captured during events meeting a pre-
determined threshold of severity or in events severe enough to cause
air bag deployment. This information can aid crash investigators in
assessing the performance of specific safety equipment, including event
air bag deployment strategies, air bag operation, and event severity.
Captured information can also help NHTSA and others identify potential
opportunities for safety improvements in current and future vehicles
and implement more effective safety regulations. It may also help first
responders assess the severity of a crash, estimate the probability of
serious injury in vehicles equipped with Advanced Automatic Crash
Notification (AACN) systems, and improve defect investigations and
crash data collection quality.
NHTSA established 49 CFR part 563 (part 563) on August 28, 2006,
setting forth requirements for the accuracy, collection, storage,
survivability, and retrievability of data in vehicles equipped with
EDRs.\6\ Tables I and II of part 563 detail the various data elements
covered under the standard. Table I lists 15 data elements all EDRs
subject to part 563 are required to record, along with the recording
interval (duration) and sampling frequency. Table II lists data
elements that EDRs subject to part 563 are not required to record, but
that are subject to part 563 if they are recorded. Two data elements in
Table II are listed as ``if equipped,'' meaning if a vehicle has the
specified equipment, the specified information must be recorded. Table
II also provides the recording interval (duration) and sampling
frequency for each listed data element. In addition, all data elements
in Tables I and II must be reported according to the range, accuracy,
and resolution in Table III of part 563. Relevant to this final rule,
there are currently seven data elements in Table I and Table II that
must be captured for a duration of 5 seconds prior to the crash (speed,
engine throttle, service brake, engine RPM, ABS activity, stability
control, and steering input). NHTSA established this 5-second duration
after concluding this length would ensure the usefulness of the data in
crash reconstruction while minimizing the risk of overtaxing an EDR's
microprocessor during the data capture process, which could cause a
malfunction resulting in data loss.\7\
---------------------------------------------------------------------------

\6\ 71 FR 50998 (Aug. 28, 2006).
\7\ NHTSA proposed a recording duration of 8 seconds in the NPRM
for what became the 2006 final rule (69 FR 32942 (June 14, 2004)).
However, NHTSA decided to reduce the duration in response to public
comments (71 FR 50998, 51020 (Aug. 28, 2006)).
---------------------------------------------------------------------------

Part 563 became fully effective on September 1, 2012. Since this
time, the adoption of EDRs has been nearly universal, as NHTSA's
internal analysis estimates 99.5 percent of model year 2021 passenger
cars and other vehicles with a gross vehicle weight rating (GVWR) of
3,855 kilograms (kg) (8,500 pounds) or less are equipped with part 563
compliant EDRs.\8\
---------------------------------------------------------------------------

\8\ 87 FR 37289 (June 22, 2022). See supra note 2 and
accompanying text. The 2012 NPRM estimated that about 92 percent of
model year 2010 light vehicles had some EDR capability.
---------------------------------------------------------------------------

B. The Fixing America's Surface Transportation Act

This rulemaking addresses a statutory mandate under section 24303
of the FAST Act, which requires NHTSA to ``submit to Congress a report
that contains the results of a study conducted by the Administrator to
determine the amount of time event data recorders installed in
passenger motor vehicles should capture and record for retrieval
vehicle-related data in conjunction with an event in order to provide
sufficient information to investigate the cause of motor vehicle
crashes.'' \9\ The FAST Act further provides that, within two years of
submitting this report to Congress, NHTSA ``shall promulgate
regulations to establish the appropriate period during which event data
recorders installed in passenger motor vehicles may capture and record
for retrieval vehicle-related data to the time necessary to provide
accident investigators with vehicle-related information pertinent to
crashes involving such motor vehicles.'' \10\ This final rule
promulgates regulations to establish appropriate EDR data recording
durations as mandated under the FAST Act.
---------------------------------------------------------------------------

\9\ Pub. L. 114-94, 129 Stat. 1312, December 4, 2015.
\10\ Id.
---------------------------------------------------------------------------

III. Notice of Proposed Rulemaking

A. Developments Culminating in the NPRM

To meet the agency's initial obligation under section 24303 of the
FAST Act, NHTSA contracted with researchers at Virginia Polytechnic
Institute and State University (Virginia Tech) to conduct a study (the
``EDR Duration Study'') to determine the amount of time EDRs should
capture and record information to provide sufficient vehicle-related
data to support investigation of the cause of motor vehicle crashes.
The study focused on three crash types that could potentially benefit
from more than the currently required 5 seconds of pre-crash data:
rear-end, intersection, and roadway departure crashes. These three
crash modes were selected because they comprised approximately 70
percent of

[[Page 102812]]

all passenger vehicle crashes annually,\11\ require relatively longer
maneuvering times, and represent the most prevalent and relatively
severe crashes based on fatalities.
---------------------------------------------------------------------------

\11\ Derived from the NHTSA report ``Target Crash Population for
Crash Avoidance Technologies in Passenger Vehicles,'' March 2019,
DOT HS 812 653.
---------------------------------------------------------------------------

The EDR Duration Study \12\ took place in two phases. Phase I
sought to estimate how frequently EDRs fail to record sufficient pre-
crash data. Phase I did not analyze the amount of pre-crash data
required to capture crash causation beyond the 5 seconds currently
required under part 563. Analyzing cases in the National Automotive
Sampling System-Crashworthiness Data System (NASS-CDS) database, Phase
I determined part 563's current recording duration of 5 seconds failed
to capture the initiation of all driver crash avoidance maneuvers for
each of the three crash types studied. Evasive steering initiation
represented the largest percentage of avoidance maneuvers not captured
by the 5 second recording duration in all three crash types.\13\ The
study concluded the 5-second recording duration may be insufficient in
many cases to determine the factors leading to a crash or to capture
the pre-crash actions taken by a driver to avoid collision, potentially
resulting in crash investigators having insufficient crash-related EDR
information to determine crash causation.
---------------------------------------------------------------------------

\12\ Event Data Recorder Duration Study [Appendix to a Report to
Congress. Report No. DOT HS 813 082B], 2022, https://doi.org/10.21949/1530244.
\13\ From Phase I, the EDR failed to record the initiation of
steering in 80% of rear-end crashes, 64% of intersection crashes,
and 88% of road departure crashes.
---------------------------------------------------------------------------

Phase II of the EDR Duration Study sought to determine what
recording duration would provide crash investigators with sufficient
data to determine crash causation. The study analyzed data from
naturalistic driving studies (NDS) \14\ to understand the complete
duration (5 seconds or greater) of driver pre-crash actions in the
following three types of crashes: rear-end, intersection, and road
departure. Phase II found that 20 seconds of pre-crash data would
encompass the 90th percentile recording duration required for the three
crash modes and crash avoidance maneuvers analyzed. This conclusion
means that, based on the cumulative distributions for all three crash
modes and crash avoidance maneuvers analyzed, 20 seconds of pre-crash
data recording captures the driver pre-crash actions in 90 percent of
the dataset.\15\ Table 1 summarizes the relevant Phase II findings. A
more detailed summary of the EDR Duration Study can be found in the
NPRM associated with this rulemaking.
---------------------------------------------------------------------------

\14\ Phase II used data from two previously conducted
naturalistic driving studies: a 2002 100-car study conducted by
Virginia Tech, and the 2016 Second Strategic Highway Research
Program (SHRP-2) NDS conducted by the Transportation Research Board
of The National Academies.
\15\ This duration is influenced heavily by the inclusion of
intersection crashes. Without the inclusion of intersection crashes,
12.3 seconds of data would encompass the 90th percentile recording
duration for rear-end and road departure crashes.

Table 1--Summary of Recording Duration Necessary To Capture Pre-Crash
Actions From EDR Duration Study
------------------------------------------------------------------------
Duration of pre-crash action
(seconds)
Driver pre-crash maneuver -------------------------------------
50th percentile 90th percentile
------------------------------------------------------------------------
Rear-End Crash:
Time to Closest Approach...... 4.5 12.3
Intersection Crash:
Approach + Traversal.......... 12.6-15.1 \16\ 16.0-18.6
Road Departure Crash: *
Drift out of lane to Recovery. 3.2 6.0
------------------------------------------------------------------------
* Lane excursion events were examined in the 100-car NDS.

On September 28, 2018, following completion of the EDR Duration
Study, NHTSA submitted a Report to Congress summarizing the study
results to the House Committee on Energy and Commerce and the Senate
Committee on Commerce, Science, and Transportation, as required by
section 24303 of the FAST Act.\17\
---------------------------------------------------------------------------

\16\ The range of time shown for intersection crashes was
derived from intersections with different numbers of lanes. The
lower bound represents time for 2-lane intersections and the upper
bound represents time for 7-lane intersections.
\17\ The 2018 report ``Event Data Recorder Study'' is available
at https://www.nhtsa.gov/reports-to-congress. An appendix to the
report to Congress was later published in March 2022 with more
details on the EDR Duration Study. See ``Event Data Recorder
Duration Study [Appendix to a Report to Congress. Report No. DOT HS
813 082B],'' 2022, https://doi.org/10.21949/1530244.
---------------------------------------------------------------------------

B. Summary of the NPRM

On June 22, 2022, pursuant to section 24303 of the FAST Act, NHTSA
issued a notice of proposed rulemaking (NPRM) to amend part 563.\18\
The NPRM relied on the findings of the EDR Duration Study and
information gathered from NHTSA's defects investigation experience,
which has demonstrated EDR data can be used to assist the agency in
assessing whether a vehicle operated properly at the time of an event
can help detect undesirable operations.\19\ Based on these findings and
information, the NPRM proposed extending the recording interval and
data sample rate of pre-crash data elements under part 563 from 5
seconds of pre-crash data at a frequency of 2 Hz to 20 seconds of pre-
crash data at a frequency of 10 Hz (i.e., an increase from 2 samples
per second to 10 samples per second). The seven frequency-based pre-
crash data elements affected by the proposed amendments are:
---------------------------------------------------------------------------

\18\ 87 FR 37289 (June 22, 2022)
\19\ In 2010, NHTSA began to obtain data from Toyota EDRs as
part of its inquiry into allegations of unintended acceleration, and
as a follow-up to the recalls of some Toyota models for sticking and
entrapped accelerator pedals. The Toyota unintended acceleration
study (NHTSA Report No. NHTSA-NVS-2011-ETC, ``Technical Assessment
of Toyota electronic Throttle Control (ETC) Systems,'' January 2011)
helped determine the root cause of each crash.
---------------------------------------------------------------------------

Three required data elements in Table I of part 563:
``Speed, Vehicle Indicated,'' ``Engine throttle, % full (or accelerator
pedal, % full),'' and ``Service brake, on/off,''
Four ``if recorded'' data elements in Table II of part
563: ``Engine RPM,'' ``ABS activity (engaged, non-engaged),''
``Stability control (on, off, engaged),'' and ``Steering input.''
In support of the proposal, the NPRM explained that the EDR
Duration Study concluded extending part 563's recording duration from 5
to 20 seconds would help capture critical pre-crash

[[Page 102813]]

data. The NPRM also proposed increasing the EDR sampling frequency of
pre-crash data from 2 Hz to 10 Hz,\20\ explaining that an increased
sampling rate, in addition to an increased pre-crash recording
duration, is critical in determining crash causation. In support of the
proposal, the NPRM explained that in some crash circumstances (e.g.,
brake application and release or rapid reversals in steering input of
less than 0.5 seconds), 2 Hz may be insufficient to identify crash
causation factors, as it is possible for an EDR recording at 2 Hz to
miss rapid vehicle control inputs. Thus, although more crash causation
information would be captured with the proposed 20 second time
duration, this data could be misinterpreted without a refinement and
increase in the EDR sampling acquisition frequency.
---------------------------------------------------------------------------

\20\ Table I in part 563 currently requires an EDR to capture
pre-crash data at a sample rate of 2 samples per second (Hz). The
same sample rate applies to Table II elements of engine revolutions
per minute (RPM), anti-lock braking system (ABS) status, electronic
stability control (ESC) status, and steering input.
---------------------------------------------------------------------------

The NPRM further explained an improved data sampling rate is needed
because of how fast the sequence of events leading to crashes can
happen and how fast the vehicle's systems need to activate in response
to such events, such as crash avoidance technologies activation (e.g.,
antilock braking system and electronic stability control). In support
of increasing the EDR sampling frequency of pre-crash data from 2 Hz to
10 Hz, the NPRM noted the current sampling rate of 2 Hz is well below
the timing necessary to understand the performance and effectiveness of
such systems. Additionally, it explained the EDR output for the pre-
crash data elements is not synchronized,\21\ even at the sampling rate
of 2 Hz, which could result in uncertainty when comparing data at
specific points in time with precision. Finally, the NPRM pointed out a
greater sampling rate for the pre-crash data elements would reduce
potential uncertainty related to the relative timing of data elements,
specifically for correlating the driver's commands and the vehicle's
performance.
---------------------------------------------------------------------------

\21\ While true time synchronization of data originating from
the vehicle network may not be possible, the increased sample rate
for pre-crash data elements may reduce the potential uncertainty
related to the relative timing of data elements, specifically for
correlating the driver's commands and the vehicle's performance.
---------------------------------------------------------------------------

In discussing the benefits of the proposal, the NPRM stated
increasing the recording time for the pre-crash data would help ensure
that data on the initiation of pre-crash actions and maneuvers is
captured for most crashes. The NPRM further explained that increased
data will enhance the usefulness of the recorded information and
potentially lead to further improvements in the safety of current and
future vehicles. The NPRM acknowledged the proposed changes could add
additional costs, as increased EDR memory may be required in some
cases. However, the agency explained it believed needed memory changes
could be incorporated into the existing or planned memory design in
vehicles, based on how slight any increased memory requirements needed
to accommodate the added EDR data storage would be. The agency further
explained its belief that in most cases the amount of additional memory
necessary to comply with the proposed requirements would be less than
the unused memory on a vehicle's airbag control module (ACM) chip.
Finally, the agency stated it anticipated the proposal would require no
additional processor speed or backup power needs, despite the proposed
increases in recording duration and frequency.
The NPRM proposed an effective date of the first September 1 one
year after the publication of the final rule. The agency explained that
a one-year lead time was appropriate because increasing the required
pre-crash data recording time should not require any additional
hardware or substantial redesign of either the EDR or the vehicle and
would likely require only minimal software changes.
NHTSA sought comments on several aspects of the NPRM, including:
1. The need and practicability of increasing the pre-crash
recording duration.
2. The need and practicability of increasing the sampling rate.
3. Whether current EDRs will need to increase their memory capacity
or change the memory implementation strategy (i.e., short term memory
buffer verse long-term storage) to meet the new requirements.
4. Whether the NPRM's cost estimates and assumptions are accurate,
including comments on whether there are other costs (e.g., redesign for
a larger unit, additional capacity for Random-Access Memory (RAM),
etc.), or other factors the agency needs to consider.
5. Any potential impact of the NPRM's proposal on the ACM processor
and associated cost.
6. Comments on the proposed lead time.
7. Comments on the DOT's Office of the Secretary's Privacy Office
(DOT Privacy Office) tentative determination that the proposed
rulemaking does not create privacy risk, as no new or substantially
changed technology would collect, maintain, or disseminate information
in an identifiable form because of the proposed rule.
The agency received responses from a wide variety of stakeholders
and interested persons in response to the NPRM's request for comments.
These comments are available in the docket for the NPRM \22\ and are
discussed in detail in the response to comments section below.
---------------------------------------------------------------------------

\22\ NHTSA-2022-0021.
---------------------------------------------------------------------------

C. Requirements of the Final Rule

After careful consideration of comments received and the
requirements of the FAST Act, NHTSA is promulgating this final rule to
amend regulations regarding EDRs. Under this final rule, the recording
duration and data sample rate of 7 data elements in Tables I and II
under part 563 will increase to 20 seconds at 10 Hz from the previous
requirements of 5 seconds at 2 Hz, as proposed by the NPRM and shown in
Table 2.

Table 2--New EDR Requirements Under Final Rule
----------------------------------------------------------------------------------------------------------------
Previous requirements Requirements under final rule
---------------------------------------------------------------------------
Recording Recording
Data element interval/time \1\ Data sample rate interval/time Data sample rate
(relative to time (samples per (relative to time (samples per
zero) (sec) second) zero) (sec) second)
----------------------------------------------------------------------------------------------------------------
Recording interval/time (relative to time zero)
----------------------------------------------------------------------------------------------------------------
Speed, vehicle indicated............ -5.0 to 0 2 -20.0 to 0 10

[[Page 102814]]

Engine Throttle, % full (or -5.0 to 0 2 -20.0 to 0 10
accelerator pedal, % full).........
Service brake, on/off............... -5.0 to 0 2 -20.0 to 0 10
----------------------------------------------------------------------------------------------------------------
Data Elements Required for Vehicles Under Specified Minimum Conditions \2\ (Table II)
----------------------------------------------------------------------------------------------------------------
Engine rpm.......................... -5.0 to 0 2 -20.0 to 0 10
ABS activity (engaged, non-engaged). -5.0 to 0 2 -20.0 to 0 10
Stability control (on, off, or -5.0 to 0 2 -20.0 to 0 10
engaged)...........................
Steering input...................... -5.0 to 0 2 -20.0 to 0 10
----------------------------------------------------------------------------------------------------------------
\1\ Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is -
0.1 to 1.0 sec (e.g., T = -1 would need to occur between -1.1 and 0 seconds.)
\2\ If the data for these data elements is recorded in non-volatile memory for the purpose of subsequent
downloading, they must meet the recording duration and frequency requirements in part 563.

The approach of this final rule is generally consistent with that
of the NPRM. Minor non-substantive changes have been made to the final
rule's regulatory text in the interest of simplification and
organizational purposes, including by maintaining the current language
of Sec. 563.3. Additionally, based on comments received we have
adjusted estimated costs and modified the lead time to provide
manufacturers the time necessary to make any software, testing, and
development changes required to ensure the EDR captures and records
pre-crash data without affecting air bag deployment, while still
fulfilling the agency's statuary mandate in a reasonable amount of
time.

D. Lead Time

The NPRM sought to provide adequate lead time to manufacturers to
allow them to incorporate necessary changes as part of their routine
production cycles while also limiting the transition costs associated
with the standardization of EDR data. To that end, the NPRM proposed an
effective date of the first September 1 one year after the publication
of the final rule. The NPRM estimated that 99.5 percent of model year
2021 passenger cars and other vehicles with a GVWR of 3,855 kg or less
had part 563-compliant EDRs. As discussed in the cost section of the
NPRM, the agency believed that increasing the required pre-crash data
recording duration and data sample rate would not require additional
hardware or substantial redesign of the EDR or vehicle and would likely
require only minimal software changes and testing for validation.
Comments
NHTSA received several comments criticizing the agency's proposed
one-year lead time, with commenters stating it did not consider the
complexity of EDR implementation, along with the time needed for
testing and validation to ensure the primary and secondary
functionalities of the EDR. Commenters expressed that a lead time of
one year could compromise safety and suggested alternative lead times
ranging around 3 to 4 years. Several commenters also suggested a phase-
in schedule extending out several years following publication of the
final rule to allow manufacturers more time to significantly redesign
the current software and hardware on their EDRs. The Motor & Equipment
Manufacturers Association (MEMA) stated that software for a new vehicle
is typically completed 18 months prior to the start of production, and
that suppliers also require 18 months to deliver a validated update to
manufacturers, along with an additional 18 months to test and certify
the new system. Commenters also sought exemptions for vehicle platforms
nearing the end of their lifecycle within 1-2 years of the Final Rule.
The Alliance for Automotive Innovation (Auto Innovators) expressed
concern that the short lead time, additional memory requirements, and
other system resources necessary to meet the proposed increase in pre-
crash recording duration and frequency could result in some
manufacturers being forced to deactivate the EDR function entirely, or
to shift EDR resources by choosing not to record Table II or ADAS
system status data elements.
Though supportive of the proposal, the Insurance Institute for
Highway Safety and Highway Loss Data Institute (IIHS-HLDI) commented
that if manufacturers were not able to meet the new requirements given
the one-year lead time, they may instead choose to disable EDR
functionality. IIHS-HLDI indicated support of a longer lead time to
avoid the loss of any EDR data before the new requirements can be met.
The National Transportation Safety Board (NTSB) indicated the
proposed lead time was reasonable and that the proposed changes from 5
seconds of pre-crash data at 2 Hz to 20 seconds of pre-crash data at 10
Hz should be practical to implement.
Agency Response
NHTSA acknowledges comments from vehicle manufacturers and others
stating that the NPRM's proposed lead time would not allow
manufacturers to incorporate the proposed changes as part of their
regular production cycle. NHTSA agrees with comments received stating
that a longer lead time is needed to allow manufacturers the
flexibility to better manage the implementation of the final rule and
alleviate unnecessary redesign costs for EDRs. Following review of
comments received and further analysis, this final rule doubles the
proposed lead time to accommodate manufacturer concerns, while also
fulfilling the agency's statuary mandate under the FAST Act in a
reasonable amount of time. As a result, the revised requirements will
be implemented beginning with vehicles manufactured on or after
September 1, 2027. Limited line \23\ and small-volume

[[Page 102815]]

manufacturers \24\ will only need to produce compliant EDRs on or after
September 1, 2029. Manufacturers producing altered vehicles or vehicles
in two or more stages will have one additional year, until September 1,
2030, for compliance.
---------------------------------------------------------------------------

\23\ Limited line manufacturer means a manufacturer that sells
three or fewer carlines, as that term is defined in 49 CFR 583.4, in
the United States during a production year.
\24\ Small-volume manufacturer as defined in 49 CFR 571.127,
``Automatic emergency braking systems for light vehicles,'' is an
original vehicle manufacturer that produces or assembles fewer than
5,000 vehicles annually for sale in the United States.
---------------------------------------------------------------------------

Extending the lead time beyond 2 years is not necessary. NHTSA
understands that some vehicle models already have sufficient hardware
to meet the requirements of this final rule, with one manufacturer
indicating that a majority of its vehicle models are already equipped
with sufficient hardware. NHTSA acknowledges that those EDRs would
still potentially require up to 2 years of software development and
testing to ensure their quality meets this final rule's part 563
requirements and that air bag deployment, if the EDR function shares
resources with the restraint systems, is not affected by the extended
duration and sampling rate of the EDR pre-crash data. Based on NHTSA's
internal analysis of EDR records in the Crash Investigation Sampling
System (CISS), other manufacturers also have some EDR modules that
could meet the requirements of this final rule without hardware
changes.
The agency did consider a phase-in period in response to timing
concerns raised by manufacturers, but ultimately did not find that
compelling reasons were presented to justify a phase-in period.
However, in acknowledgment that some EDRs will require changes to meet
the requirements of this final rule, the agency is doubling the
initially proposed lead time to provide manufacturers with sufficient
time to make the minor modifications adopted in this final rule. In
support of this decision, NHTSA is aware that manufacturers across the
globe can meet much shorter EDR lead times in other markets, such as
Europe and Japan. NHTSA is not aware of any peculiarities of the U.S.
market that would necessitate lead times double, triple, or quadruple
the lead times in other markets.
NHTSA also acknowledges the concern raised by some commenters that
manufacturers may choose to deactivate EDRs because of their inability
to meet the requirements within the proposed 1-year lead time. NHTSA
does not share that concern, and in any event, this final rule's
extended lead time, which provides additional flexibility to
manufacturers, should mitigate this concern. However, this final rule
does not change the voluntary nature of part 563, and manufacturers
remain free to decide if their vehicle will have EDR functionality
based on their own considerations. Although the system that activates
air bags in a vehicle may share resources with the EDR functionality,
we emphasize that the performance of systems that deploy air bags
(e.g., supplemental restraint system) to mitigate injuries in a crash
should not be negatively affected in order to develop an EDR that meets
today's new requirements.

IV. Final Rule and Response to Comments

NHTSA received 21 comments on the proposed rule from a wide variety
of commenters, including: advocacy groups, supplier and trade
associations, vehicle manufacturers, manufacturer associations,
insurance institutes, industry association consultants, engineer
organizations, and members of the public.
The safety advocacy groups included the Advocates for Highway &
Auto Safety (Advocates) and the Center for Auto Safety (CAS). The
supplier and trade associations included Robert Bosch LLC and Bosch
Automotive Service Solutions (Bosch) and MEMA. Manufacturers and
manufacturer associations included Nissan Motor Co., LTD. (Nissan),
Ford Motor Company (Ford), American Honda Motor Co. (Honda), General
Motors Company (GM), and Auto Innovators. Insurance institutes and
industry associations commenting on the NPRM included the National
Association of Mutual Insurance Companies (NAMIC), State Farm Insurance
Companies (State Farm), and joint comments from the Insurance Institute
for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI). The
consultants and engineering organizations included the Event Data
Recorder Committee of SAE International (SAE), the Collision Safety
Institute (CSI), and QuantivRisk, Inc. NHTSA also received comment from
the NTSB, and four comments from members of the public.
Overall, safety advocates (CAS and Advocates), insurance institutes
and industry associations (NAMIC, IIHS-HLDI, and State Farm), NTSB, and
three public commentors generally supported the proposed amendment.
However, they recommended NHTSA consider expanding part 563
requirements through such additions as new data elements for emerging
safety systems like advanced driver-assistance systems (ADAS) and
automated driving systems (ADS), increased vehicle weight limits
applicable to all newly manufactured passenger vehicles, and a revised
trigger threshold to include crashes involving vulnerable road users.
These commenters also expressed support for the agency's work with
international organizations to harmonize EDR requirements, including
groups like the United Nations Economic Commission for Europe (UN ECE),
the World Forum for Harmonization of Vehicle Regulations (WP.29), and
EDR technical working groups (e.g., SAE International).
Other commenters questioned and criticized some aspects of the
NPRM, including the proposed lead time and estimated costs. Commenters
in this group included vehicle manufacturers and manufacturer
associations, industry suppliers and trade associations (including
MEMA), industry experts and engineering organizations (SAE, CSI, and
QRI), and one individual member of the public. Several commenters
indicated the NPRM's proposed lead time was insufficient and suggested
longer lead times.
The following sections address the key issues raised by commenters
in response to the NPRM, including concerns related to the recording
duration and frequency (or sample rate), the EDR duration study, EDR
components, additional data elements, privacy, benefits, costs, and
other expressed concerns.

A. Recording Duration and Sampling Rate

The agency sought comment on the NPRM's proposal to increase the
EDR pre-crash recording duration and sample rates under part 563.
Comments received expressed mixed views, with many comments critical of
the proposal and expressing strong concerns with the EDR Duration
study, suggesting that the NPRM's extended duration proposal should not
have relied upon the study's findings.
General Comments
Several commenters did not support the NPRM's proposal to extend
part 563's recording duration requirements, expressing skepticism that
recording data beyond current part 563 requirements would improve crash
causation investigations. SAE, referencing the agency's technical
report on ``Characteristics of Fatal Rollover Crashes,'' \25\
acknowledged that rollover

[[Page 102816]]

crashes generally require a longer amount of recorded data but stated
they do not justify the added duration of pre-crash data. SAE explained
that increasing recording duration will, in almost all cases, merely
represent static operating conditions. Ford stated that additional
studies on vehicles with active safety features and EDRs compliant with
part 563 are necessary to more accurately determine any anticipated
safety benefit of extending the pre-crash recording duration at a
higher sampling rate.
---------------------------------------------------------------------------

\25\ DOT HS 809 438 (SAE stated the report concluded that EDR
data are proven as a valuable source to determine vehicle speed,
evasive maneuvers, and passenger status).
---------------------------------------------------------------------------

GM, commenting that it already voluntarily added 3 seconds of pre-
crash data to its latest Generation EDR, stated eight seconds of pre-
crash data is more than sufficient to understand crash dynamics and
vehicle performance based on its experience working with accident
reconstructionists, police, and other authorities.
CSI stated there is no need to increase EDR recording duration, but
suggested the sample rate could be phased in over a longer lead time to
allow for other revisions to part 563. Bosch indicated the current data
sample rate of 2 Hz may not capture all data when a multi-impact crash
occurs but emphasized that an increased sample rate would require
significant changes in EDR hardware and software. Bosch agreed that
increased pre-crash data frequency could capture additional events,
such as braking interventions, lane change maneuvers, and steering
maneuvers.
Ford, seeking to clarify information cited by the agency in the
proposal, also stated that although the EDR in the referenced 2007 Ford
\26\ was capable of recording more than 20 seconds of pre-crash data,
it did not meet the crash test performance and survivability
requirements of part 563. Ford explained that the pre-crash data in the
2007 Ford was stored in the Powertrain Control Module (PCM), which
served as a diagnostics tool not equipped with a power energy reserve.
Ford stated it later replaced the PCM recording capability with a part
563-compliant EDR that uses the Restraint Control Module (RCM) to
record PCM data for 5 seconds prior to a crash event.
---------------------------------------------------------------------------

\26\ NHTSA, Special Crash Investigation No. IN10013, available
at https://crashviewer.nhtsa.dot.gov/nass-sci/GetBinary.aspx?Report&ReportID=804261920&CaseID=804261915&Version=-1.
---------------------------------------------------------------------------

Several commenters supported some or all aspects of the proposal,
stating it would provide more information for crash investigations and
safety data. IIHS-HLDI stated it would provide researchers with a
greater understanding of the role different factors like vehicle,
driver, and roadway/environment play leading up to a crash. NAMIC
agreed more pre-crash data would help insurers, researchers,
manufacturers, and regulators understand and determine crash causation,
while also helping crash avoidance research. NAMIC also stated that the
benefits of more pre-crash data on vehicle dynamics and system status,
driver inputs, vehicle crash signatures, restraint usage/deployment
status, and post-crash data, such as the activation of an automatic
collision notification system, would provide greater safety value than
any associated costs with increased memory capacity and potential EDR
unit redesigns. State Farm supported the proposed duration and
frequency changes to EDRs, and suggested vehicles should at minimum
record all available information relevant to the crash.
Many commenters supported extending recorded categories rather than
extending the duration and/or sampling rate of existing part 563 data
retention requirements to improve crash analysis. The NTSB stated
although the proposed rule addresses data elements currently in part
563, a complete understanding of crashes involving vehicles with ADAS
would necessitate more pre-crash data than is currently required. CAS
stated that even longer durations and higher sample frequencies could
be beneficial for data not currently included in part 563, such as
progressive sensor degradation, object event detection, response
processing, and performance of sensor and data processing components.

EDR Duration Study

Many commenters criticized the NPRM's reliance on the EDR Duration
Study's finding that 20 seconds of pre-crash data encompasses the 90th
percentile recording duration necessary to capture the initiation of
driver actions. SAE stated the study failed to demonstrate that the
recommended 20-second recording duration would improve crash causation
investigations. SAE further stated that the study focused on
determining the duration necessary to assess driver behavior, rather
than crash causation, and reiterated its previous comments critiquing
the study.\27\
---------------------------------------------------------------------------

\27\ SAE provided comments and presented to NHTSA in response to
the EDR Duration Study. See NHTSA-2022-0021-0005 and NHTSA-2022-
0021-0006.
---------------------------------------------------------------------------

Specifically, SAE stated the study should have assessed more than
the speed, braking, and steering actions of the vehicle, noting that
engine throttle percentage, accelerator pedal percentage, engine RPM,
cruise control status, anti-lock braking system (ABS) activity, lateral
acceleration, and yaw rate are all useful data elements when studying
the cause of a crash event. SAE also stated the vehicles in the study
lacked modern safety features, such as pre-collision braking and
electronic stability control, which could have prevented some of the
accidents or provided intervention within the current recording
duration of 5 seconds.
SAE asserted the study contained flawed assumptions about current
automotive braking system architectures. SAE also stated there were two
false assumptions concerning steering input. First, SAE explained the
EDR Duration Study concluded that the availability of steering angle
data, an optional data element, was very limited, thus reducing its
significance in Phase I of the study. Second, SAE stated the study
assigned steering angle data the same importance as the other data
elements, and that the study's authors erroneously assumed a weighted
distribution would compensate for the small number of cases with
steering input. In response to this assumption, SAE stated actual
field-related data from more recent part 563 compliant vehicles
covering a wider range of manufacturers should have been used, and that
the study's analysis should have been updated with current systems
data. SAE also discussed the resolution of the steering input data,
explaining that some pre-part 563 EDRs reported steering input data
with a range of +/- 16 degrees, meaning a steering maneuver beyond 16
degrees would need to be made to be detected and recorded in the EDR.
SAE stated that depending on vehicle speed, a steering input of less
than 16 degrees could have significance in relation to vehicle
dynamics; however, if no such recorded input occurred, the study
concluded the driver was not moving the steering wheel.
SAE also critiqued the study's lack of distinction between
accelerator pedal position and engine throttle position, stating it
purposely ignored EDR data recorded more than 5 seconds before a crash,
and further stated that if all 8 seconds of pre-crash data, where
available, were reviewed, the study could have confirmed whether the
service brake was on at 5 seconds prior to a crash event. SAE explained
this information could demonstrate whether pre-crash data beyond 5
seconds would change overall reconstruction results. Finally, in
relation to the study's 1-Hz

[[Page 102817]]

recording frequency in older vehicles, SAE and Auto Innovators stated
brake pedal application can occur multiple times within one second, and
state changes could be missed in the sample period. Several commenters
expressed support for SAE's comments on the study.
Agency Response
This final rule adopts the NPRM's proposed part 563 EDR pre-crash
data recording and frequency durations. This final rule's
implementation will fulfill the FAST Act mandate and provide additional
information on the status of vehicle systems and the actions taken
prior to a crash.
General Comments
The agency acknowledges criticisms raised by several commenters,
including suggestions that further studies are needed to determine the
safety benefits of additional EDR pre-crash data. However, NHTSA is
confident the EDR Duration Study provides a solid basis for this final
rule's increase to 20 seconds of pre-crash data based on the study's
findings on the amount of pre-crash actions missed in the 5 seconds
prior to a recorded event by the EDR, particularly for in-road
departure and intersection crashes. The EDR Duration Study found part-
563's 5-second recording duration insufficient to record important
information in a substantial percentage of crashes in which the EDR is
triggered. This information, including the initiation of crash
avoidance driving maneuvers, e.g., pre-crash braking, would assist
investigators with crash reconstruction. The study also found that 20
seconds of pre-crash data would encompass the 90th percentile recording
duration required for the three crash modes and the crash avoidance
maneuvers analyzed.
In support of the increased frequency requirement of this final
rule, NHTSA understands some manufacturers already equip vehicles with
EDRs that record data at 5 or 10 Hz, and in some cases multiple rates.
NHTSA agrees with commenters who expressed support for the proposed
increase by stating the increased frequency could capture events like
braking interventions, lane change maneuvers, and steering maneuvers
that may be missed at 2 Hz.
In response to Ford's comment regarding the 2007 Ford vehicle
included in the EDR Technology Study \28\ and referenced in the NPRM,
the agency is aware that the EDR in question was manufactured prior to
the implementation of part 563. The agency did not reference it in the
NPRM as a basis to state that all current EDRs are capable of recording
20 seconds of data. Instead, it serves as an example to show that
manufacturers have already developed systems that record more than 5
seconds of pre-crash data. Finally, in response to comments encouraging
the recording of additional data elements, this topic falls outside the
scope of the NPRM and will not be addressed in this rulemaking. The
agency may address the recording of additional data elements, including
ADAS system status and performance parameters, in future rulemaking.
Additional details on the estimated benefits of this final rule are
discussed in section V.
---------------------------------------------------------------------------

\28\ Gabler, H.C., Tsoi, A., Hinch, J., Ruth, R., Bowman, D., &
Winterhalter, M. (2020, June). Light-vehicle event data recorder
technologies (Report No. DOT HS 812 929). National Highway Traffic
Safety Administration.
---------------------------------------------------------------------------

EDR Duration Study
Many comments received criticized certain aspects of the EDR
Duration Study and the NPRM's reliance on it in extending the recording
duration of part 563. The agency does not find these arguments
compelling. The study adequately met the FAST Act's mandate to conduct
a study to determine the amount of time event data recorders installed
in passenger motor vehicles should capture and record for retrieval
vehicle-related data in conjunction with an event to provide sufficient
information to investigate the cause of motor vehicle crashes.
Specifically, as required by the FAST Act, the study presented the
durations necessary to provide sufficient information to investigate
the cause of motor vehicle crashes. The agency does not agree with
comments stating that the study incorrectly focused on driver actions
rather than crash causation. The FAST Act required the agency to
address data needed to assess crash causation. As such, vehicle
dynamics were not the focus of the EDR Duration Study. Crash causation
is crucial for effective crash investigation. Because many studies,
some using police-accident reports \29\ or EDR data, have shown that
driver error is often the cause of crashes,\30\ an understanding of
pre-crash vehicle actions is critical to determining an appropriate
recording duration. One study used the crashes in the Naturalistic
Driving Study (NDS) to determine that driver error contributed to 93%
of observed crashes.\31\ In the EDR Duration Study, ``behavior'' is
used synonymously with ``action.'' Therefore, the study's objective in
Phase II was to determine a recording duration that provides more
certainty of capturing the complete duration of pre-crash actions.
---------------------------------------------------------------------------

\29\ Singh, Santokh. Critical reasons for crashes investigated
in the national motor vehicle crash causation survey. No. DOT HS 812
115. 2015.
\30\ Dingus, Thomas A., et al. ``Driver crash risk factors and
prevalence evaluation using naturalistic driving data.'' Proceedings
of the National Academy of Sciences 113.10 (2016): 2636-2641.
\31\ Khattak, Asad J., et al. ``A taxonomy of driving errors and
violations: Evidence from the naturalistic driving study.'' Accident
Analysis & Prevention 151 (2021): 105873.
---------------------------------------------------------------------------

In response to SAE's critique that speed, braking, and steering
were studied exclusive to each other in Phase 1 of the EDR Duration
Study and not with the rest of the EDR data, NHTSA acknowledges SAE's
comment that crash reconstructionists analyze vehicle speed in
conjunction with brake status. However, these two factors were not
combined in Phase 1 because the study successfully addressed the
research questions without studying whether enough brake pedal pressure
was being applied to decelerate the vehicle. The study analyzed each
pre-crash action individually because the study's objective focused on
whether any braking input, steering input, or accelerator release
occurred.
NHTSA also acknowledges SAE's statement that the study assumed the
Service Brake On indicator signified driver intent to actively brake
the vehicle, when it could instead be related to disengaging cruise
control status or a slightly engaged brake pedal (e.g., resting a foot
on the pedal). In response to this comment, NHTSA states the EDR
Duration Study solely focused on the pre-crash action itself,
regardless of whether that action resulted in decreased vehicle speed.
As such, any braking action can still be considered a valid pre-crash
action of the driver.
In response to SAE's comment that weighted distributions were
incorrectly used to compensate for the small number of cases with
steering input in Phase I, NHTSA disagrees. Weighted distributions were
used as the standard result format for all the data elements in the
study, regardless of the sample size. Additionally, NASS-CDS data are
designed for use in a weighted fashion because of its nationally
representative structure.
In criticizing the study, SAE and Auto Innovators commented that
the EDR Duration Study assumed that no recorded steering input meant
the driver was not moving the steering wheel, but that pre-part 563
EDRs required a steering input change of more than 16 degrees to be
captured by the EDR so active steering maneuvers in the dataset

[[Page 102818]]

may not have been captured. The EDR Duration Study could only use the
EDR data available (which included pre-part 563 EDRs) to evaluate what
pre-crash actions were captured. The study assumed that if a non-zero
steering angle was recorded at -5 s, the initiation of a pre-crash
steering maneuver was not captured. NHTSA does not believe that the
current resolution for steering input (5 degrees) would change the
results of Phase 1 of the EDR Duration Study since the authors defined
the steering input time as the time between the event and the earliest
non-zero steering angle recorded. NHTSA agrees that, based on vehicle
speed, a change in steering input less than the 16-degree resolution
could be significant.
In response to comments on the issue of whether the accelerator
pedal position or engine throttle position was used to assess driver
action, the EDR Duration Study used the accelerator pedal position to
indicate a depressed pedal, as the objective of the study was driver
action prior to crash. NHTSA acknowledges that accelerator pedal
position and engine throttle position do not always correspond
(especially given modern vehicles with drive-by-wire technology). The
study used accelerator pedal position as it is related to the driver's
input, whereas the engine throttle position can lag behind that input.
NHTSA also acknowledges SAE's comment that the EDR Duration Study
ignored data extending beyond 5 seconds. Specifically, where EDRs
recorded 8 seconds of pre-crash data in the study, the results were
truncated to 5 seconds to combine them with the remainder of the
dataset that only had 5 seconds of pre-crash data to make the brake
pedal, accelerator pedal, and steering input data consistent. Doing so
is consistent with the 5 seconds of pre-crash data required by part 563
prior to this final rule. This was done in Phase 1, as this part of the
study evaluated whether 5 seconds of data was sufficient for capturing
the initiation of pre-crash maneuvers in rear-end, road departure and
intersection crashes. The authors of the EDR Duration Study could not
use EDR data to determine the duration beyond 5 seconds needed to
capture crash causation, because most EDR data only records 5 seconds
of pre-crash data per the minimum requirements in part 563. Therefore,
as required by the FAST Act, to determine the amount of time event data
recorders installed in passenger motor vehicles should capture and
record for retrieval vehicle-related data in conjunction with an event
to provide sufficient information to investigate the cause of motor
vehicle crashes, Phase 2 of the study used two naturalistic driving
studies (NDS) (100-Car NDS and SHRP-2 NDS). These studies were used
because they include more than 5 seconds of data prior to an event.\32\
---------------------------------------------------------------------------

\32\ The two NDS studies used in the EDR Duration study
collected data in normal driving conditions over the course of
millions of trips and miles.
---------------------------------------------------------------------------

Further, although some commenters stated that older vehicles used
in the study had EDR data recorded at a sample rate less than the part
563 requirements (2 Hz), the EDR Duration Study acknowledged the
uncertainties of the sample rate (1 Hz vs. 2 Hz) of data numerous times
throughout the report. The study's results were presented in terms of
the observed EDR data, the ``Lower Bound,'' and ``Upper Bound,'' which
assumed the actual pre-crash action for EDRs recording at 1 Hz was one
time step earlier than the reported time (e.g., if an initial braking
action occurred at -4 s the action was assumed to occur at -5 s). NHTSA
believes that presenting the results in this corridor fashion was
appropriate and provided a fair and transparent representation of the
range of times the driver action may have occurred. In response to SAE
and Auto Innovators' comments that a pre-crash braking action can occur
multiple times within the time span of 1 second (1 Hz) or 0.5 seconds
(2 Hz), NHTSA notes that this fact supports increasing the recording
frequency of pre-crash data, as required by this final rule, so that
multiple pre-crash actions are captured by the EDR.
NHTSA also acknowledges comments received stating that the vehicles
used in the study lacked modern safety features that could have
prevented some crashes and provided intervention within 5 seconds of
the crash event. However, NHTSA observes the available EDR data used in
the study did not generally include any details on active safety
features, as part 563 does not require the capturing of those elements,
which are at times voluntarily recorded by manufacturers. Therefore,
any pre-crash data related to modern safety features could not be
included as part of the research in Phase 1 of the study.
NHTSA does not know if active safety features will be universally
adopted in future vehicles or recorded for the purposes of crash
reconstruction. However, NHTSA points out that ABS and electronic
stability control (ESC) were studied in Phase 2 of the EDR Duration
Study, which used naturalistic driving data from newer vehicles. The
ABS activation times in that data ranged from 2-9 seconds prior to the
crash, further demonstrating that a 5-second duration is not always
sufficient to capture all the pre-crash actions of the vehicle.
Finally, some comments criticizing the EDR Duration study addressed
areas outside the scope of this rulemaking and the research questions
and conclusions made by the study, such as how beneficial the
additional data will be when used with vehicle dynamics for crash
reconstruction and that pre-crash data would benefit more from
additional data elements rather than extending the time capture pre-
crash. As such, the agency is not addressing these comments in this
final rule.

B. EDR Components

EDR Comments Overview
The agency sought comment on whether the NPRM's proposed changes
would affect current EDRs, including in terms of creating any increased
memory needs, processor speed burdens, or other issues not considered
by the proposal. Many commenters, including OEMs, manufacturers'
associations, industry suppliers, trade associations, industry experts,
and engineer organizations generally agreed that while the proposed 20
seconds of pre-crash data could be recorded by EDRs, some EDRs may
require significant hardware and software changes to meet these
demands. Commenters stated the memory (RAM and read-only Memory (ROM)),
energy reserve, and microprocessor (or microcontroller) of EDRs may all
need to be upgraded or expanded. Bosch stated that some manufacturers
may have EDRs capable of accommodating the new requirements using
current hardware. Nissan suggested that some of its EDR modules could
record for 20 seconds without requiring hardware changes, given enough
time for testing and development.
Agency Response
Following careful consideration of comments received, this final
rule is extending the EDR recording period for timed data metrics from
5 seconds of pre-crash data at a frequency of 2 Hz to 20 seconds of
pre-crash data at a frequency of 10 Hz. NHTSA acknowledges some current
EDRs may require significant hardware and software changes to meet this
final rule's recording requirements. However, the changes made by this
final rule are necessary to fulfill the Fast Act's requirement that the
agency ``shall promulgate regulations to establish the appropriate
period during which event data recorders installed in passenger

[[Page 102819]]

motor vehicles may capture and record for retrieval vehicle-related
data to the time necessary to provide accident investigators with
vehicle-related information pertinent to crashes involving such motor
vehicles.'' \33\
---------------------------------------------------------------------------

\33\ Public Law 114-94, 2015 HR 22, Public Law 114-94, December
4, 2015, 129 Stat 1312.
---------------------------------------------------------------------------

Based on the data submitted to NHTSA by vehicle manufacturers and
EDR records available from CISS, many newer EDRs already have
sufficient memory, processing performance, and reserve energy capacity
to capture and record 20 seconds of pre-crash data at 10 Hz. If
necessary, manufacturers could potentially reconfigure these EDRs by
reallocating memory to meet the new recording requirements for pre-
crash data in this final rule, as the reallocation of memory would not
entail any additional energy or processor capability. NHTSA
acknowledges the subject systems would still need to undergo
development and testing to ensure they function as intended with no
adverse effect on the activation of air bags in a crash event with air
bag deployment.
The agency is aware that memory is not solely used to record EDR
data, as it is shared by other functions of the ACM. However, many
modern EDRs, particularly those updated to meet UN ECE Regulation No.
160,\34\ likely already have sufficient capability to meet the pre-
crash recording duration and sample rate requirements of this final
rule without disrupting how EDR data are currently recorded. Based on
the CISS EDR data available, NHTSA is aware of at least one
manufacturer that has made such EDR upgrades to a large portion of its
newer models, such that only software changes would be needed to comply
with the final rule.\35\ Further, EDRs that currently capture and
record more than 1600 bytes of pre-crash data could allocate resources
to, at minimum, record the three required Table I data elements for 20
seconds at 10 Hz.
---------------------------------------------------------------------------

\34\ UN ECE Regulation No. 160 requires all new types of M1 and
N1 vehicles in Europe to have an EDR beginning July 6, 2022, and
further requires all new vehicles to have an EDR beginning July 7,
2024. Table 1 in Annex 4 of UN R160 lists twenty-three mandatory
pre-crash data elements to be captured by the EDR.
\35\ For example, EDR records from vehicle 2 in CISS Case
Number: 1-20-2022-129-03.
---------------------------------------------------------------------------

Additional analysis on comments received and the agency's response
in the areas of EDR memory, data processing, energy reserve, design,
and the development process is provided below.
Memory
Comments
Many commenters indicated the current amount of non-volatile memory
in EDRs may not be sufficient to record 20 seconds of pre-crash data
captured at 10 Hz. The NPRM indicated an increase in pre-crash
recording duration from 5 seconds to 20 seconds with an accompanying
increase in recording frequency from 2 Hz to 10 Hz, would require 1.33
kilobytes (kB) of additional memory (a factor of 2.43 increase from the
baseline) if all 7 pre-crash data elements were recorded. However, SAE
stated some suppliers estimated the memory would increase by a factor
of 8.5. SAE explained that adding more memory to meet the new data
capture requirements would involve a complex process, as reallocating
memory from other data elements would require an entire development
process for each type of EDR.\36\
---------------------------------------------------------------------------

\36\ Manufacturers typically have more than one type of EDR
installed across their vehicle models.
---------------------------------------------------------------------------

GM stated that to meet the proposed requirements in the NPRM, the
memory for its latest generation EDR would have to increase from
approximately 720 bytes per recorded event to 8260 bytes, or an
increase by a factor of approximately 11.5 based on 46 pre-crash data
elements. GM explained this estimate must be multiplied by 3 to account
for 3 separate EDR-recorded event buffers. GM further stated it is
desirable to have a consistent sampling rate for all pre-crash data
elements to reduce software complexity, and that it does not have a
design in production that can simply incorporate the requirements in
spare memory.
GM explained memory allocation is one of the first steps of new
product development, used to determine the specifications for the
microprocessor, memory storage size and type, energy reserve, and power
supply, and that changes to the type of memory required would have a
significant impact on the design specifications for EDRs. Honda,
Nissan, and Ford also stated that meeting the requirements proposed in
the NPRM would require additional non-volatile memory. CSI and MEMA
stated memory estimates should consider that the ACM and any other
system housing the EDR shares processor power and memory with the EDR,
and that additional memory is rarely available in existing systems.
QuantivRisk, Inc. and CSI also stated that adding memory would require
additional development and testing costs.
Agency Response
NHTSA acknowledges comments received from industry, OEMs, and trade
associations suggesting that EDRs would require more memory than that
estimated by the NPRM (for both data capture and recording) to meet the
NPRM's proposed requirements. Necessary memory upgrades could include
both non-volatile memory for storing the recorded crash data, and
volatile memory (or RAM) for data processing (read into and write
over). Currently, part 563's specified recording duration of 5 seconds
at 2 samples per second generates a total of 11 samples for each pre-
crash data element (2 samples per second x 5 seconds + 1 initial
sample).
The EDR Technology Study, reporting on information provided by EDR
subject experts from OEMs and ACM/EDR suppliers, found a typical
recorded crash event requires approximately 929 bytes (77 bytes for
pre-crash data elements) to record all of the Table I and Table II data
elements for a single event.\37\ Depending on the redundancy strategy
for data quality control, a typical recorded EDR requires approximately
1.86 kB per event. To record data for 20 seconds at 10 Hz, 201 samples
(10 x 20 + 1) would be captured, or an additional 190 samples per pre-
crash data element over the previous requirements of 5 seconds at 2 Hz.
In total, an additional 1,330 (190 x 7) data points must be captured,
processed, and recorded per crash event if all 7 pre-crash data
elements are recorded (Table II lists optional data elements if they
are recorded by the EDR). An EDR is required to record these elements
for up to two events in a multi-event crash.\38\ To capture two events,
the EDR would require an additional 2,660 bytes of memory for the
additional data, as required by this final rule. Similarly, an equal
amount of RAM would be needed for data processing.
---------------------------------------------------------------------------

\37\ See Tables 20 and 21 in DOT HS 812 929. Table I data
elements require 72 bytes and Table II data elements require 857
bytes.
\38\ For EDR data capture, part 563 requires the memory for air
bag deployment events to be locked to prevent any future overwriting
of the data. For non-air bag deployment events, the EDR can capture
and record the current data, up to two events.
---------------------------------------------------------------------------

Memory reallocation may be necessary for older generation EDRs to
meet this final rule's required Table I elements. Additionally,
manufacturers with EDRs that voluntarily record data elements not
listed in Tables I and II \39\

[[Page 102820]]

of part 563 may need to reallocate memory if memory allocation is
nearing capacity or there is insufficient memory to meet the
requirements of this final rule. However, NHTSA accepts this potential
as Congress unambiguously signaled its desire for the agency to
prioritize the time necessary to provide accident investigators
vehicle-related information pertinent to crashes through the FAST Act
statutory mandate. This final rule's additional lead time should
considerably minimize any required memory reallocation. Further, any
memory reallocation needed to meet the requirements of this final rule
could potentially be carried out by only capturing those elements
required by Table I, as only Table I elements must be recorded if an
EDR is installed.
---------------------------------------------------------------------------

\39\ Comments received from GM and Honda support the contention
that some EDRs are recording data beyond the Table I and II part 563
elements.
---------------------------------------------------------------------------

In relation to recording requirements, GM suggested that it is
preferable to record all pre-crash data elements captured by its latest
generation EDR, including those required by part 563 and those
voluntarily captured, at the same sample rate to not increase software
complexity. However, EDRs that record data elements at different
recording intervals and data sample rates already exist (e.g., some
EDRs capture and record data at both 5 s/10 Hz and 5 s/2 Hz). Further,
although manufacturers may choose to do so, NHTSA is not requiring
manufacturers to record all pre-crash data at 20 seconds and 10 Hz;
rather they must only apply that standard to those elements listed in
Table I and, if recorded, Table II of part 563.
If an EDR does record numerous data elements not listed in part 563
at 20 seconds and 10 Hz, NHTSA agrees that the amount of extra memory
needed to record that data could significantly increase. However, the
recording of additional elements outside of Table I is not required by
this final rule, and the minimum amount of extra memory needed to
record the three pre-crash Table I elements is only approximately 570
bytes (1,040 bytes if considering two events). The estimate provided by
the agency for the additional memory needed (2,660 bytes) is for all 7
mandatory and optional pre-crash data elements captured at 20 s and 10
Hz, and for the recording of multiple events. The decision to install
additional memory necessary for data buffering and redundancy is a
voluntary decision by a manufacturer and is not required by part 563.
As discussed in the NPRM, many manufacturers already have EDRs with
sufficient hardware capabilities to capture and record more pre-crash
data, or will have the time to develop such EDRs given this final
rule's additional lead time allowing for EDR development and testing/
validation. For example, vehicle models equipped with EDRs containing
32 kB of flash data storage (memory) or greater should already have
sufficient capacity to capture the increased amount of pre-crash data
required by this final rule.
For EDRs containing insufficient memory to record the data elements
in Table I and II at this final rule's required recording interval/data
sample rate, manufacturers may be able meet the new requirements
through various means. For example, if EDR memory is currently used to
record other data elements not required in part 563, OEMs could
reallocate the available memory to record the mandatory data elements
at 20 seconds and 10 Hz. If no excess memory is available because a
portion of the memory is used for purposes outside of capturing and
recording EDR data, modification should not be overly burdensome, as
only 1.33 kB of additional memory is needed under this final rule to
record the seven pre-crash data elements. Further, if an OEM solely
recorded the data elements required by Table I, only approximately 0.57
kB of additional memory would be needed to meet the requirements of
this final rule (an increase from 33 samples to 603 samples for Table I
pre-crash data elements).
Where memory reallocation is not possible or preferred and
additional memory is necessary, manufacturers could increase the memory
capacity of the EEPROM, or embed higher capacity flash memory chips
with similar costs, since flash memory typically costs less than
EEPROM.\40\ For example, information from manufacturers in the EDR
Technology Study indicated a typical 2013 microprocessor used in
vehicle applications had 32 kB or 64 kB of flash data as part of the
ACM, and that most companies are replacing the older memory technology
(EEPROM) with flash memory located on the microprocessor. As previously
stated, EDRs containing 32 kB of flash data storage (memory) or greater
should have sufficient capacity to capture the increased amount of pre-
crash data required by this final rule.
---------------------------------------------------------------------------

\40\ NHTSA understands that manufacturers have moved from EEPROM
to flash memory located on the microprocessor for memory storage.
The agency did not receive specific comments on how much flash
memory EDRs are using to record pre-crash for 5 seconds or on the
amount of memory that would be needed to capture the additional
data, including additional memory for redundancy. Therefore, it is
difficult to discuss examples of how the different components would
need to be upgraded.
---------------------------------------------------------------------------

Finally, in response to comments expressing concern that the NPRM
failed to capture all costs associated with any EDR memory increases
needed to meet the requirements of this final rule, NHTSA acknowledges
these concerns and, following careful consideration, has adjusted
estimated costs accordingly in the Final Regulatory Evaluation (FRE)
accompanying this final rule. Additional details on the updated cost
estimates of this final rule are discussed in section V.
Data Processing
Comments
Several commenters expressed concern that the proposal would create
increased data processing needs. SAE and Auto Innovators stated that,
depending on current microprocessor capacity, the proposed data
requirements would necessitate additional energy capacity, speed, and
memory upgrades, which would also require a new microprocessor and
circuit board. SAE and Auto Innovators indicated these modifications
would require a complete redesign of the EDR from both a hardware and
software perspective. GM stated none of its current EDR designs can
support the 20 second requirement without changes to the
microprocessor. Honda commented that the NPRM's proposed increases in
recording duration and frequency will increase the amount of RAM in the
microcontroller unit (MCU) required to record the data, necessitating a
physically larger and higher performance MCU. Honda explained that the
proposed changes would also require the MCU ROM and processor
performance (e.g., clock frequency) to increase.
Agency Response
NHTSA acknowledges the concerns raised by several commenters,
including Honda, GM, SAE, and Auto Innovators, that the proposed
requirements may necessitate microprocessors with higher clock speeds
and an increased amount of ROM depending on the performance
specifications of the current microprocessor used to capture and record
EDR data. NHTSA also acknowledges comments stating that the NPRM's
proposed increase in RAM would necessitate a physically larger and
higher performance microprocessor. However, these changes may only be
necessary in older generation EDRs or EDRs that are recording data at
or near the memory capacity. Further, although some older generation
EDRs may lack the performance specifications needed

[[Page 102821]]

to capture and record the increased duration and frequency of pre-crash
data required by this final rule (including clock speed of the
microprocessor, available ROM, RAM, and flash memory), many newer EDRs
have the necessary MCU specifications to record for 20 seconds. NHTSA
acknowledges these newer versions would require a period of software
development to change how data are buffered, written to memory, and
tested to validate the EDR and ensure that all systems interacting with
the EDR perform as intended. However, these concerns should be
alleviated through the additional lead time provided by this final
rule, which should allow manufacturers to make any EDR design changes
needed to meet the requirements of this final rule.
Energy Reserve and Design Concerns
Comments
Several comments stated that the proposal would require increased
energy reserve. Auto Innovators explained the EDR function is typically
integrated into a vehicle's ACU or ACM and includes reserve energy to
successfully deploy the restraint systems, facilitate high voltage
shutoffs for electric vehicles, and record EDR data into non-volatile
memory if vehicle power is lost early in the crash event. GM stated the
increased write time duration would require more energy reserve, and
that a microprocessor with a higher current draw could affect the
energy reserve. For many existing units to meet the new requirements,
Auto Innovators stated that the amount of additional, voluntary data
elements recorded by the EDR would need to be reduced, or that the air
bag control/EDR module would require redesign to accommodate the
additional reserve power capacity. Both Auto Innovators and SAE stated
that many current EDRs record more than the minimum part 563
requirements, and that these additional data elements would also have
to be recorded for 20 seconds.
Several commenters stated the proposed changes would require larger
and, in some cases, multiple capacitors to meet the extended pre-crash
recording period, as the EDR module operates under its own power supply
during a crash. Commenters indicated larger capacitors pose engineering
challenges in terms of lifespan, durability, and ability to charge
during normal operation. Auto Innovators stated the additional energy
capacity required to meet the new requirements would considerably
increase the footprint of the ACU/EDR, and that enough physical space
may not exist in optimum locations for current vehicles (selected for
crash sensing and durability) to accommodate increases in ACU/EDR size.
Commenters explained needed changes to the size of the module could
require redesign and affect placement in the vehicle, increasing design
complexity and increasing costs for both consumers and manufacturers.
Agency Response
The ACU requires reserve energy (provided by capacitors) in the
event of a loss of battery power in the vehicle. This reserve energy
exists for the EDR to capture and record data, while also ensuring the
vehicle's air bags can properly deploy. NHTSA acknowledges several
comments received from industry stating that meeting the proposed EDR
requirements may necessitate capacitors with increased capacitance,
which may in turn require overall hardware changes and potential design
changes to the EDR. However, none of the comments received stated that
additional power was necessary across all EDR modules, instead only
suggesting that more power may be required.
Based on comments received, NHTSA understands that some
manufacturers equip EDRs that voluntarily record pre-crash data
elements not listed as part of the minimum requirements in part 563.
Any data elements not listed in part 563 that a manufacturer may choose
to capture are not required to be recorded for 20 seconds at 10 Hz. A
large amount of voluntarily recorded pre-crash data all recorded at 20
seconds could increase the amount of reserve energy required to write
to memory and provide backup power, which could necessitate redesign of
the EDR packaging. However, as previously stated, NHTSA is only
requiring EDRs to record the three pre-crash data elements in Table I
and the four pre-crash data elements in Table II (if they are recorded
by the EDR) for 20 seconds. Although manufacturers may prefer to record
all data at the same duration and sample rate, there are examples of
EDRs in CISS that record data at different durations and sample rates.
Manufacturers are of course free to record voluntarily captured
elements as they prefer.
Based on NHTSA's analysis, the costs of capacitors, especially in
large quantities, is relatively low. For example, an EDR capacitator
upgrade from 3.3 [mu]F to 10.0 [mu]F would cost approximately $0.02 per
unit, based on market research.\41\ Further, EDRs with sufficient
memory capacity to allow for some memory reallocation would not require
an increase in reserve energy. The physical size of capacitors can vary
according to many different constraints such as: manufacturer,
dielectric type, target application, mounting style, capacitance,
voltage rating. Based on NHTSA's research, there are 6.8 [mu]F
capacitors and a 10.0 [mu]F capacitors with similar specifications
beside capacitance that have the same physical dimensions in terms of
diameter and surface mount area. Varying other parameters (e.g.,
voltage rating) only changes the physical dimensions of these
capacitors by 1 mm or less. Ultimately, the manufacturer chooses where
to place the EDR housing within its vehicles. NHTSA has included cost
estimates that cover software development and design validation but
does not believe such small hardware components will significantly
affect the size of the physical casing that holds the electronic
components of the EDR.
---------------------------------------------------------------------------

\41\ Based on quotes from DigiKey, the average unit price for
3.3 [mu]F capacitors is $0.11 and the average unit price for 10.0
[mu]F capacitors is $0.13. Therefore, $0.02 was used as the upgrade
cost for reserve energy.
---------------------------------------------------------------------------

Therefore, this final rule adopts the NPRM's proposal to extend the
EDR recording period for timed data metrics from 5 seconds of pre-crash
data to 20 seconds of pre-crash data at a frequency of 10 Hz.
Manufacturers should be able to meet these requirements given the lead
time and relatively low cost of capacitors to implement any required
upgrades.
Development and Validation
Comments
SAE and Auto Innovators stated that in addition to costs incurred
from the proposed EDR component upgrades, the proposal would also
require associated development and integration costs, including
validation and testing at component, sub-system, and vehicle levels.
These commenters stated that costs and associated lead times are
further amplified because the EDR application is most often coupled
with a safety restraint management system requiring rigorous safety
system validation and verification. Nissan, explaining it confirms the
functionality of the EDR in coordination with other compliance crash
tests completed in less than 20 seconds, commented that the proposal
would require additional or new crash test procedures to retrieve data
from a vehicle. SAE commented that capturing 20 seconds of data would
require a crash test facility over 985 feet

[[Page 102822]]

long, and that no such test facility currently exists. GM also
expressed concerns in relation to vehicle level validation, asking if
the proposal would require a crash of sufficient length to encompass
the entire 20 seconds of pre-crash data. GM explained that such a
requirement would impact vehicle barrier facilities and testing
protocol, resulting in additional costs.
Agency Response
Several commenters expressed concerns that the proposed rule would
incur new costs, including for a new crash test facility and additional
or new crash test procedures to record and retrieve the appropriate
amount of data. In response, the agency points out that vehicles do not
have to operate at the speeds specified for crash testing under such
scenarios as FMVSS No. 208 or FMVSS No. 214 to meet the new EDR
recording requirements of this final rule. New or altered test
procedures may be needed to validate the EDR, but manufacturers should
not need new crash test facilities to meet the new data capture
requirements. Manufacturers may instead use other means that do not
require the vehicle to travel at crash test speeds (i.e., 56 kph or 35
mph) for 20 seconds to capture pre-crash data as testing validation for
this final rule's data capture requirements. For example, tests may be
conducted by initially operating the vehicle at a minimum speed before
acceleration or by idling the vehicle prior to accelerating to the
speeds necessary for other crash tests. The availability of these
alternative options and the extended lead time provided by this final
rule will help mitigate any potential incurred costs.

C. Additional Data Elements

Comments
Many commenters stated that part 563 should include the recording
of additional ADAS/ADS data elements to improve EDR data effectiveness.
Commenters stated the incorporation of new crash avoidance, pre-crash,
and post-crash data elements would provide a greater safety value to
improve driver-assistive safety technologies compared with increased
recording duration and frequency. Several commenters recommended that a
standard format for capturing and reporting data related to advanced
safety systems should be defined and included as part of the EDR
requirements. Some commenters encouraged NHTSA to follow a similar path
to the European Union's (EU) recent mandate requiring the equipping of
new vehicles with EDRs that record ADAS elements. Bosch recommended the
use of other recorders to record information like driver and ADS state
to determine the control of the vehicle before an event triggering EDR
recording, such as the Data Storage System for Automated Driving
(DSSAD) recommended by the UN ECE, or the SAE ADS data logger (SAE
J3197).
Agency Response
While NHTSA agrees with commenters that additional data elements
may be beneficial for collision reconstruction, this topic falls
outside the scope of this rulemaking. The NPRM did not address the
addition of any new data elements, and the rulemaking responds to the
FAST Act's instruction to promulgate regulations establishing the
appropriate amount of time that EDRs should capture and record data.
The agency may address the recording of additional data elements,
including ADAS system status and performance parameters, in future
rulemaking. Manufacturers may of course continue to include or add pre-
crash data elements outside of those listed in part 563 \42\ to EDRs
but must also comply with this final rule. Manufacturers may also
continue to log data from modern safety features in other vehicle
systems.
---------------------------------------------------------------------------

\42\ Examples of some pre-crash data elements not listed in part
563 but recorded by some 2021 EDR-equipped light vehicles include:
adaptive cruise control status, AEB status, brake pedal position,
cruise control status, drive mode, forward collision warning,
ignition status, lane departure warning, road departure mitigation
status, tire pressure status, traction control system status, and
wheel speed.
---------------------------------------------------------------------------

D. Privacy Considerations

Comments
As explained in the NPRM, the DOT Privacy Office has determined
that this rulemaking does not create privacy risk because no new or
substantially changed technology will collect, maintain, or disseminate
information in an identifiable form. NHTSA requested comment on this
determination.
In response to this request, SAE stated that when part 563 was
initially proposed it specified a recording duration of 8 seconds,
which the agency reduced to 5 seconds to apply prudent judgment in
balancing securing data with the privacy rights of an individual
vehicle operator.\43\ SAE cited the comment submitted by the Electronic
Privacy Information Center (EPIC) in response to the initial proposal
of establishing part 563, in which EPIC cited several Fair Information
Practices (FIPs) limiting data collection based on purpose-specific
principles and cautioned NHTSA against an incremental expansion of EDR
data records as mandated policy. SAE stated NHTSA should demonstrate a
clear public benefit for the proposed increased data capture duration,
contrasted with a balance of personal privacy. Auto Innovators stated
that expanding the pre-crash recording time to 20 seconds will capture
a significant amount of driver behavior, much of which will not have
any significant impact on the determination of crash causation factors
that cannot currently be obtained by other crash reconstruction
methods.
---------------------------------------------------------------------------

\43\ 71 FR 50998 (Aug. 28, 2006).
---------------------------------------------------------------------------

Agency Response
The agency emphasizes that EDRs do not record personally
identifiable data, and captured data are regularly overwritten, except
for specified crash events meeting the trigger threshold to retain
data. Increasing the pre-crash recording duration from 5 seconds to 20
seconds should not increase privacy concerns, as no new or
substantially changed technology will collect, maintain, or disseminate
information in an identifiable form. Further, the Driver Privacy Act of
2015, part of the FAST Act \44\ and implemented after the establishment
of part 563, states that the owner or lessee of a motor vehicle is the
owner of the data collected by an EDR. Recorded EDR data may only be
retrieved for the purpose of improving motor vehicle safety and vehicle
safety research (provided the data are not personally identifiable), or
through the vehicle owners' consent or a court or administrative order.
These privacy protections should alleviate expressed privacy concerns
while allowing the agency to fulfill the FAST Act's mandate to
establish the appropriate recording period in NHTSA's EDR regulation.
---------------------------------------------------------------------------

\44\ Public Law 114-94, Sec. 24301-24302, 129 Stat. 1312, 1713-
14 (2015).
---------------------------------------------------------------------------

E. International Harmonization

Comments
Several commenters expressed support for international
harmonization of EDR functions. Specifically, SAE, Honda, Auto
Innovators, MEMA, and Bosch stated they support a harmonized approach
with UN ECE Regulation No. 160.\45\ Commenters noted that UN Regulation
No. 160-01, which went into effect in July 2024, has adopted additional
data elements for modern safety technologies. SAE recommended
maintaining a mandated EDR practice

[[Page 102823]]

consistent with global EDR regulations to ease manufacturers' financial
burden and avoid penalizing US vehicle buyers. In support of this
approach, SAE discussed other global requirements, including those of
Korea (KMVSS 56-2), Japan (J-EDR 2015), China (GB 39732-2020), EU
(2022/545 based on UN R160), and Russia (Fed article 26 162-03), which
all require a minimum of 5 seconds of pre-crash data captured at 2 Hz.
Honda stated it has developed its EDRs to accommodate not only part 563
requirements, but also the various EDR regulations for China and UN
R160 (00 and 01 Series).
---------------------------------------------------------------------------

\45\ UNECE WP.29 has established the EDR/DSSAD Informal Working
Group (IWG) to develop internationally harmonized performance
specifications/regulations for EDR functions.
---------------------------------------------------------------------------

Agency Response
NHTSA acknowledges that some other international EDR regulations
specify a 5 second pre-crash data recording duration at 2 Hz. However,
the agency has decided to proceed with the extended EDR data recording
and frequency requirements proposed in the NPRM based on the
requirements of the FAST Act and the findings of the EDR Duration
Study, which found that capturing data at an increased recording
duration and sample rate will enhance certainty when interpreting pre-
crash data, resulting in improved crash investigations. In response to
comments encouraging international harmonization in such areas as
additional data elements for modern safety technologies, this topic
falls outside the scope of the NPRM and will not be addressed in this
rulemaking. However, the agency may address such topics in future EDR
rulemakings, following review of the results of ongoing international
efforts related to EDRs.

F. Other Considerations

Comments
NHTSA received several other comments generally related to part
563. One individual supported an increased EDR duration but stated
there is a need to update part 563's trigger threshold definition. This
commenter stated that the current trigger threshold, which specifies an
8 km/h change in vehicle velocity within a 150 ms interval, may not
capture non-air bag deployment events, such as collisions involving a
vulnerable road user and a vehicle. IIHS-HLDI provided similar comments
and suggested modifying part 563 to include automatic emergency braking
(AEB) activation status as a trigger threshold, as many vehicles are
equipped with AEB systems. The Institute also stated that adding data
on vehicle-to-pedestrian collisions would improve roadway design and
help refine vehicle structures and crash avoidance systems to mitigate
the severity of those collisions.
One individual commenter stated part 563 should apply to all newly
manufactured vehicles, regardless of weight. The commenter explained
that some newer electric vehicles may weigh more than the applicability
requirement of an unloaded vehicle weight of 5,500 lb. and would
therefore be exempt from complying with part 563.
Agency Response
Although multiple commenters encouraged additional amendments to
part 563, these suggestions fall outside the scope of the proposed
rulemaking and are thus not included in this final rule. However, NHTSA
may consider additional amendments to part 563 as part of a future
rulemaking.

V. Summary of Estimated Benefits and Costs

The requirements specified in this final rule affect vehicle
manufacturers that produce light vehicles with a GVWR not greater than
3,855 kg (8,500 pounds) and voluntarily install EDRs in their vehicles.
This rule also applies to final-stage manufacturers and alterers. Both
the agency and the public have historically benefited from
incorporating EDR information into crash and defects investigations, as
the inclusion of EDR data leads to improved investigations and better
understanding of injury causes and mechanisms.
The NPRM stated the proposed increased recording time for the pre-
crash data would provide benefits by helping to ensure that data on the
initiation of pre-crash actions and maneuvers are captured for most
crashes. The agency explained this increased data would enhance the
usefulness of the recorded information, potentially leading to further
improvements in the safety of current and future vehicles. The agency
also stated the proposed increase in data recording frequency would
clarify the interpretation of recorded pre-crash information for crash
investigators and researchers.
In relation to costs, the NPRM acknowledged that increasing the
recording time of the pre-crash data could add additional costs for
increased memory if an EDR had little or no excess memory in the
module. In the NPRM, the agency stated it understood that about 99.5
percent of model year 2021 passenger cars and other vehicles with a
GVWR of 3,855 kg or less are already equipped with part 563-compliant
EDRs, that no additional hardware would be required by the proposed
amendment, and that compliance costs would be negligible. The agency
sought comment on potential costs and benefits associated with the
NPRM's proposals.
Comments
Most commenters stated the proposal to increase the amount of pre-
crash data captured and recorded would result in significant costs,
including because of the need to upgrade and validate EDRs in vehicles.
Many OEMs stated that costs would hinder the implementation of the
proposed final rule, with some citing concerns over whether a real-
world safety gap exists to justify costs incurred. Commenters stated
the proposed changes would increase memory requirements, resulting in
an increased overall EDR price. Commenters also stated software and
hardware changes would be needed to meet the 20-second pre-crash
capture requirements, including, where necessary, increased capacitance
to provide power to the EDR and to make necessary changes to the
printed circuit board.
Specifically, SAE pointed to a study done by the Federal Motor
Carrier Safety Administration (FMCSA) on heavy-duty and commercial data
recorders, referenced in the NPRM, stating it raised questions
concerning the applicability of the cost estimates for flash memory.
SAE also listed the following component changes and costs that must be
considered for multiple module designs: microprocessor upgrade,
additional memory (both RAM and nonvolatile memory), energy reserve
increase, PCB design changes, module housing changes, potential
mounting changes in vehicle software and hardware engineering design
and development cost, component validation cost, vehicle validation
cost for new module designs, and vehicle level recertification.
GM expressed concerns over the burdens associated with increased
EDR complexity and the inability of different regions to arrive at a
more common technical solution, pointing to recently implemented
worldwide EDR regulations that maintain the 5-second pre-crash
recording interval and sample rates historically required by part 563.
GM further stated the cost estimate in the NPRM is not negligible and
does not fully encompass all the required changes proposed by the NPRM,
which could include component validation, full vehicle validation, and
vehicle recertification of the EDR and the Sensing and Diagnostic
Module.
Auto Innovators submitted additional comments related to costs
following the

[[Page 102824]]

closing of the NPRM comment period.\46\ These comments stated that,
based on member responses, the estimated average cost of development
and testing to meet the proposed rule would be $8.4 million dollars per
manufacturer, with an average estimated cost increase of $5.40 per
vehicle to develop an EDR meeting the proposed rule. Given those
estimates, Auto Innovators stated that, assuming an average annual
light duty vehicle production of 16.4 million vehicles for 17 OEMs, the
cost burden for the first year would be $231.36 million. Auto
Innovators explained this is the sum of each OEM's development/test
costs and that, assuming the same annual production took place, the
annual cost burden following the first year of implementation of the
final rule would be $88.56 million, based on the annual affected
vehicle production times the incremental EDR module cost.
---------------------------------------------------------------------------

\46\ NHTSA-2022-0021-0025.
---------------------------------------------------------------------------

Commenters also stated manufacturers may require vehicle crash
tests to ensure the data transferred from sensors in the vehicle to the
EDR are not affected by hardware updates. Commenters stated costs to
consumers and lead-time implications are especially important because
of such issues as supply chain disruptions, microchip shortages, high
inflation, and economic uncertainty. Auto Innovators also stated NHTSA
should consider equity issues given the average new car price of
vehicles.
In support of the proposal, NAMIC commented that the costs to
increase the recording duration are warranted by the benefits of more
and better pre-crash data, even if costs in addition to memory are
required (e.g., redesign for a larger unit, additional RAM, etc.).
NAMIC stated the proposed changes provide greater safety value than any
additional costs to the vehicle. CAS stated the price of flash memory
used to estimate costs in the NPRM was overestimated and that OEMs may
receive discounts for bulk memory purchases. CAS further stated the
incremental cost associated with upgrading the memory would not prevent
the expansion of EDR data storage.
Agency Response
The agency does not agree with comments expressing skepticism over
the benefits of the NPRM's proposed increased recording duration and
frequency requirements. This final rule's requirements will improve
crash investigations and crash data collection quality, ultimately
assisting the agency and others in identifying potential opportunities
for safety improvement in vehicles already on the road, improving
future vehicle designs, and creating more effective safety regulations.
The increased information captured by the requirements of this final
rule will aid not only the agency, but also crash investigators, first
responders, and others.
However, following review the agency does find certain comments
received stating that the NPRM did not consider additional costs
associated with the NPRM's proposal compelling. As such, NHTSA has
revised the cost estimates originally provided in the NPRM to include
two different EDR versions: those solely requiring software changes to
meet the proposed rule and those requiring both hardware and software
changes. The updated estimated benefits and costs associated with this
final rule are detailed below.

A. Benefits

EDR data are invaluable for improving system performance. EDR data
improve crash investigations and crash data collection quality, which
assists safety researchers, vehicle manufacturers, and the agency to
better understand vehicle crashes and help determine crash
causation.\47\ Similarly, vehicle manufacturers can use EDR data to
improve vehicle designs and develop more effective vehicle safety
countermeasures. For example, as mentioned in the NPRM, the Toyota
unintended acceleration study \48\ confirmed the significant value of
EDR pre-crash data.\49\ The agency successfully used this EDR data to
assist in determining the root cause of the events and to support the
safety recalls. Further, in 2016, the agency used EDR data to establish
crash scenarios and vehicle dynamics when evaluating the efficacy of
vehicle-to-vehicle (V2V) communication technologies in an NPRM for
V2V.\50\
---------------------------------------------------------------------------

\47\ Even though crash investigators gather insightful
information about the dynamics of crashes, some parameters cannot be
determined or cannot be as accurately measured (such as the change
in velocity) by traditional post-crash investigation procedures,
such as visually examining and evaluating physical evidence, e.g.,
the crash-involved vehicles and skid marks.
\48\ NHTSA Report No. NHTSA-NVS-2011-ETC, ``Technical Assessment
of Toyota Electronic Throttle Control (ETC) Systems,'' February
2011.
\49\ In March 2010 NHTSA began obtaining data from Toyota EDRs
as part of its inquiry into allegations of unintended acceleration
(UA), and as follow-up to the recalls of some Toyota models. The
study analyzed cases in which the accelerator pedal became stuck or
entrapped, seeking to determine the root cause of each crash.
\50\ Preliminary Regulatory Impact Analysis, FMVSS No. 150,
Vehicle-to-Vehicle Communication Technologies for Light Vehicles,
December 2016, HS 812 359.
---------------------------------------------------------------------------

The requirements of this final rule will fulfill the outstanding
need of adequate recording of pre-crash actions for investigation and
reconstruction without overtasking the vehicle's power and memory needs
for capturing EDR data. The amendments may also result in foundational
upgrades to the hardware and software for a modernized EDR, which could
in turn support the capture and recording of other data elements. This
final rule's increased recording duration and refined resolution may
also provide OEMs with more granular pre-crash information that
manufacturers can use to evaluate and develop improvements for vehicle
systems. NHTSA acknowledges that, similar to the establishment of part
563, it is difficult to estimate the exact portion of benefits
creditable to an increased amount of EDR data after a standard is
implemented or a safety countermeasure is developed. While stored data
are valuable in terms of safety research and emergency response, it is
not easy to quantify how they translate to the improvement of vehicle
safety. However, increased recording duration and frequency will
provide many overall benefits to the public, as described below.
Increased Recording Duration
Per the findings of the EDR Duration Study, the current part 563
EDR pre-crash recording duration of 5 seconds does not capture the
initiation of pre-crash braking and steering maneuvers in a substantial
percentage of cases. Based on the findings of the study a recording
duration of 20 seconds is required to ensure that the initiation of
pre-crash actions and maneuvers can be captured for most crashes. The
three crash modes examined in the EDR Duration Study--rear-end,
intersection, and roadway departure--comprised about 70 percent of all
passenger vehicle crashes, annually.\51\ Separately, these crashes
represent the most prevalent, relatively longer maneuvered times
required, and relatively severe crashes (based on fatalities).
Therefore, the newly required 20 second recording time is adequate to
record the pre-crash actions for almost all crashes given the
collective frequency of these three crash types and what they
represent.
---------------------------------------------------------------------------

\51\ Derived from the NHTSA report ``Target Crash Population for
Crash Avoidance Technologies in Passenger Vehicles,'' March 2019,
DOT HS 812 653.
---------------------------------------------------------------------------

Increasing the recording duration of pre-crash data will help
ensure that data on the initiation of crash avoidance driving maneuvers
are captured for most crashes. This increased recording duration will
enhance the usefulness of

[[Page 102825]]

the recorded information, potentially leading to further improvements
in the safety of current and future vehicles. The study also found that
a better understanding of pre-crash actions will assist in the
evaluation of emerging crash avoidance systems (e.g., lane departure
warning, lane keeping assist, forward collision avoidance, automatic
emergency braking, and intersection safety assistance systems).
The 20 second extended recording duration will be particularly
useful in intersection crashes, which have an approach stage as the
vehicle comes to the intersection and a traversal stage in which the
vehicle is exposed in the intersection. Based on the EDR Duration
Study, the currently required 5-second recording duration captures less
than 1 percent of the total intersection event time, which includes the
approach and traversal stage. The study found that 15 seconds would
capture 50 percent of the total intersection event time, and 20 seconds
would capture 95 percent of the total intersection event time. With
this final rule's increased recording duration, actions such as running
a stop sign, rolling stops, or running a red light could be captured in
full and included in the crash reconstruction when supplemented with
roadway and traffic control information. In road departure crashes,
longer durations could also capture any corrective maneuvers by the
vehicle before the initial road departure.
Increased Recording Frequency
Currently most EDRs capture pre-crash data at a frequency of 2 Hz.
However, based on EDR records in the NASS-CDS and CISS (Crash
Investigation Sampling System) databases, some manufacturers already
use models that voluntarily capture pre-crash data at 5 Hz or 10 Hz.
Further, some vehicle manufacturers and suppliers have indicated their
support for an increased frequency rate. When manufacturers and
suppliers were asked about near-term plans for EDRs in the EDR
Technology Study, some respondents expressed interest in adding,
``higher sampling frequency and longer recording interval for pre-crash
data, i.e., sampling interval better than \1/10\ of a second.'' \52\
---------------------------------------------------------------------------

\52\ DOT HS 812 929, pg. 39. Five vehicle manufacturers and
three suppliers were interviewed as part of the study.
---------------------------------------------------------------------------

In support of the benefits of this final rule's amendments to part
563, an increase in data recording frequency will help clarify the
interpretation of recorded pre-crash information. For example, rapid
vehicle control inputs (e.g., brake application and release or rapid
reversals in steering input of less than 0.5 seconds) may not be logged
by an EDR that records data at 2 Hz. Although 20 seconds of pre-crash
data will capture more crash causation information, a refinement in
acquisition frequency is also needed to assuage data misinterpretation
concerns. An improved data sampling rate is also needed due to the
nature of crashes, which can include a quick sequence of events prior
to a crash that require a vehicle's crash avoidance technologies, such
as Anti-lock Braking System and Electronic Stability Control, to
activate quickly. To understand the performance and effectiveness of
such systems, the sample rate of pre-crash data elements should be
increased. In addition, as EDR output for pre-crash data elements is
not synchronized,\53\ including at the previously required sample rate
of 2 Hz, uncertainty could exist when an investigator is attempting to
compare data at specific points in time with precision. The higher
sample rate required by this final rule will reduce this potential
uncertainty in relation to the relative timing of recorded data
elements, to better correlate a driver's commands and a vehicle's
performance.
---------------------------------------------------------------------------

\53\ While true time synchronization of data originating from
the vehicle network may not be possible, the increased sample rate
for pre-crash data elements may reduce the potential uncertainty
related to the relative timing of data elements, specifically for
correlating the driver's commands and the vehicle's performance.
---------------------------------------------------------------------------

This final rule's increased sample rate will also benefit crash
causation analysis and pre-crash behavior. For example, additional
events like momentary highly dynamic steering inputs, ABS, or ESC
activation that are not recorded at the 2-Hz sample rate could be
captured at 10 Hz. For multi-impact crash events, a sample rate of 10
Hz will allow the EDR to better capture the actions that occur when a
vehicle undergoes a series of events (e.g., lane departure resulting in
striking an object followed by striking another object in immediate
succession).
Further, an increase in recording frequency could help
investigators better identify where vehicle dynamics prior to a crash
event relate to pedal misapplication. Pedal misapplication crashes
occur when a driver presses one pedal while intending to press another
pedal. In an emergency braking situation, pedal misapplication would
result in the driver pressing the accelerator pedal hard. Identifying
and decreasing pedal misapplication events is important, as a recent
study observed pedal misapplication rates involved a much higher
percentage of events than previously estimated.\54\ While data points
can be estimated to account for data gaps when recorded at 2 Hz, driver
actions may not be captured by the EDR at the time they occur. This
informational gap may result in underestimations of the accelerator
application rate, resulting in a failure to identify pedal
misapplication entirely, if, for example, the driver fully presses the
accelerator pedal to 100 percent for a quarter of a second. An
increased recording frequency of 10 Hz will help identify events
involving pedal misapplication, potentially providing additional
information on how to mitigate these events and improve vehicular
safety.
---------------------------------------------------------------------------

\54\ Smith, C.P., Sherony, R., Gabler, H.C., and Riexinger,
L.E., ``Identifying Pedal Misapplication Behavior Using Event Data
Recorders,'' SAE Int. J. Advances & Curr. Prac. in Mobility
5(1):206-216, 2023, doi:10.4271/2022-01-0817.
---------------------------------------------------------------------------

Finally, in addition to the many benefits provided by this final
rule's requirement to increase part 563's data recording frequency
requirements to 10 Hz, manufacturers' voluntary integration of ADAS
data elements recorded at a sample rate of 10 Hz could provide valuable
insights on the performance of new technologies. For example, some
vehicle manufacturers already voluntarily collect EDR data on the
status and operation of ADAS technologies (e.g., activation of forward
crash warning alerts, automatic emergency braking activations, and lane
keeping assist technologies). In voluntarily collecting this
information, manufacturers have generally adopted the sample rate used
for pre-crash data elements voluntarily recorded by the EDR (2 Hz), but
some current EDRs capture data at 10 Hz. Evidence has shown that an
increased sample rate of 10 Hz will help provide the resolution needed
to understand the real-world performance and effectiveness of these
advanced crash avoidance systems and better estimate the actions of the
vehicle prior to a crash, such as the traveling trajectory.\55\ This
information will in turn allow researchers to better determine the
timing of the sequence of pre-crash actions.
---------------------------------------------------------------------------

\55\ Matsumura, H., and Itoh, T., ``Study on Estimation of
Traveling Trajectory Using the Recording Data in the Event Data
Recorder,'' SAE Int. J. Adv. & Curr. Prac. in Mobility 5(2):580-594,
2023, https://doi.org/10.4271/2022-01-0837.
---------------------------------------------------------------------------

B. Costs

The Preliminary Regulatory Evaluation (PRE) the NPRM relied on to
estimate costs considered only vehicles equipped with EDRs containing
sufficient memory, microprocessor specifications, and reserve energy to
record 20 seconds of data at 10 Hz.

[[Page 102826]]

NHTSA acknowledges comments criticizing the NPRM's cost estimates for
not adequately accounting for any changes needed to meet the proposed
amendments.
For example, the NPRM estimated additional memory costs by
multiplying the additional 1,330 bytes to record for 20 seconds at 10
Hz by the cost of flash memory (0.072 cents/megabyte) reported in the
EDR Technology Study. This calculation resulted in a cost estimate of
$0.003 for additional memory per event. However, in response to
comments received, the agency reviewed online estimates, which indicate
that the unit cost for a 16 kB, 32 kB, and 64 kB EEPROM is $0.41,
$0.46, and $0.56, respectively.\56\ This pricing results in an
additional cost of $0.15 to increase memory from 16 kB to 64 kB.\57\ As
such, this final rule is updating the estimated unit cost for memory
upgrade (if all seven pre-crash data elements are recorded) to be $0.13
per vehicle. The $0.13 per vehicle includes $0.06 per vehicle to
upgrade the storage memory and $0.07 per vehicle to upgrade the RAM,
both based on two events being recorded.
---------------------------------------------------------------------------

\56\ See https://www.mouser.com/c/semiconductors/memory-ics/eeprom as of July 25, 2023.
\57\ Note that RAM is generally more expensive than EEPROM, but
NHTSA does not have a comparable price comparison because of a lack
of data and online product information specifically for RAM designed
for vehicle use. However, based on NHTSA's internal analysis, RAM is
approximately 20.0 percent more expensive than EEPROM given the same
memory capacity. As a result, updating RAM would cost $0.07 (= 0.06
* 1.20).
---------------------------------------------------------------------------

Although the PRE still applies to EDRs with sufficient memory,
microprocessor specifications, and reserve energy to meet this final
rule's requirements, NHTSA acknowledges it did not comprehensively
consider costs associated with older EDR technologies and the
corresponding level of upgrades potentially required in vehicles
equipped with them, including costs for redesign and validation. Per
comments received, NHTSA understands not all vehicles are equipped with
EDRs containing sufficient memory/processor capability/reserve energy
to require only software changes.\58\ Based on feedback from commenters
and in acknowledgement of this issue, NHTSA has revisited the cost
estimates presented in the NPRM to determine the costs associated with
meeting the requirements of this final rule given the wide variety of
EDRs currently available.
---------------------------------------------------------------------------

\58\ The cost of upgrading this class of EDRs now reflects the
``upper bound'' of the cost analysis provided below and represents
the need to go from a ``base EDR'' to an ``upgraded EDR.''
---------------------------------------------------------------------------

Unlike the PRE, this final rule includes estimated costs for EDRs
currently compliant with part 563 that need upgrades to meet this final
rule's new recording duration and frequency requirements. These updated
cost estimates are presented via a ``lower bound'' and ``upper bound''
to capture the potential range for the total cost of the final rule.
These bounds are in place to avoid speculating on how many vehicles and
EDR platforms would only require software changes to meet the new data
capture requirements versus those that would require hardware and
software changes.
Description of Upper and Lower Bound Cost Estimates
The cost estimates presented in the Final Regulatory Evaluation
(FRE) now represent a ``lower bound'' reflecting the incremental costs
of ``upgraded EDRs'' that already have the capacity to comply with this
final rule.\59\ The ``upper bound'' represents all the potential
components of an EDR that may require upgrades to transition from a
``base EDR'' to an ``upgraded EDR'' to meet the requirements of this
final rule. For this category of EDRs, the estimated costs encompass
more than the incremental costs required to meet this final rule. As
EDRs currently vary in hardware capabilities, the actual cost of the
final rule should fall somewhere between the lower bound and upper
bound of the cost estimates laid out below.
---------------------------------------------------------------------------

\59\ The agency recognizes that even with the approach taken in
the PRE, manufacturers would still need to test and validate any
redesigned EDR to ensure it would function as intended and not
negatively affect the performance of the air bag systems in the
vehicle.
---------------------------------------------------------------------------

Every part 563 pre-crash data element will require the capturing of
an additional 190 data points to meet the 20 second recording duration
and 10 Hz frequency requirement of this final rule. Specifically, for
the 3 required data elements in Table I, the total number of additional
data points is 570. For all 7 pre-crash data elements in Table I and
II, the total number of additional data points is 1,330. The NPRM
explained that manufacturers could accommodate this needed increase in
memory by using the existing memory already available for capturing and
recording EDR data (typically in the ACM). The NPRM estimated
associated costs for these additional memory needs (1.33 kB for all 7
pre-crash elements) would be $0.003 per vehicle based on a conservative
estimate of $0.002/kB. However, as previously acknowledged, these
estimated costs did not account for EDRs requiring hardware upgrades
based on insufficient reserve energy or microprocessors.
While many newer generation EDRs record at rates between 5 Hz to 10
Hz, most EDRs still record 5 seconds of pre-crash data. Although the
agency has a large pool of EDR data, ascertaining the exact hardware
specifications among various EDRs for the purposes of this rulemaking
is not practical, as EDR modules come with a variety of chip designs
capable of accomplishing similar functionality with similar costs, and
this information is proprietary. The varied and proprietary nature of
EDR designs thus makes defining a representative ``base EDR''
challenging. Further, EDR designs vary not only by manufacturer, but
also often by vehicle model, and EDR capabilities are not standardized.
Indeed, they must only meet the minimum requirements in part 563. For
example, some EDRs record more than 5 seconds of pre-crash data, some
record more than two events, and some voluntarily record more optional
data elements than those specified in Table I or Table II of part 563.
Further, some EDRs record the required and optional pre-crash data at
different sample rates.
Despite the lack of available data needed to perform a
comprehensive assessment of EDR design specifications and corresponding
functionalities, the agency used its best knowledge to adequately
describe a representative base EDR representing the upper bound for the
cost estimates based on the specifications in Table 3. We assumed that
a base EDR does not have sufficient excess memory to record pre-crash
data for 20 seconds at 10 Hz, requiring the microcontroller and reserve
energy to be upgraded or increased to meet the requirements of this
final rule. We also assumed that a base level EDR must be fully
upgraded/modernized, meaning its associated costs are well in excess of
the incremental costs associated with making an already updated EDR
compliant with the final rule. This cost is more representative of a
vehicle manufacturer updating its EDR capability with an eye towards
recording additional data elements, such as data elements required by
UN R160. If a manufacturer chooses to capture and record ADAS-related
pre-crash data elements not listed in part 563, then hardware
components may need to be upgraded well beyond what is required by this
final rule. However, as mandated by the FAST Act, NHTSA is only
changing the duration and sample rate of part 563 pre-crash data
elements.
For the lower bound of cost estimates, we assumed a vehicle is
already

[[Page 102827]]

equipped with an EDR capable of capturing pre-crash data for 20 seconds
at 10 Hz, as well as additional unrequired data (i.e., it has already
been upgraded by the vehicle manufacturer from the base level
previously discussed to the fully modernized level). In this scenario,
the ``upgraded EDR'' would not require hardware changes but may still
require development time for software changes, testing, and validation.
As a result, the estimated cost for this scenario would only include
software redesign and EDR validation. An upgraded EDR representing the
lower bound is described by the specifications in Table 3.
As shown in Table 3, the estimated cost to upgrade only the
hardware of the base EDR to that of the upgraded EDR is $1.33 per EDR.
This cost estimate includes an increase in the non-volatile memory
capacity, a higher-performance MCU, and more reserve energy to capture
and record the data and backup power to the system.

Table 3--Base EDR and Upgraded EDR Hardware Specifications Used for Cost Estimates
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Component Base EDR.................... Upgraded EDR
----------------------------------------------------------------------------------------------------------------
Non-Volatile Memory............. EEPROM or Flash.... 16 kB....................... 64 kB.
Microcontroller (32-bit)........ ROM................ 512 kB...................... 1 MB.
Memory............. 48 kB....................... 96 kB.
RAM................ 48 kB....................... 96 kB.
Clock Frequency.... 80 MHz...................... 120 MHz.
Reserve Energy.................. Capacitance........ 3.3 [mu]F................... 10 [mu]F.
----------------------------------------------------------------------------------------------------------------
Estimated costs to upgrade hardware for increased data capture (per unit)
----------------------------------------------------------------------------------------------------------------
$1.33....................... $0.00.
----------------------------------------------------------------------------------------------------------------

Following publication of the NPRM and review of comments received
NHTSA carried out a Final Regulatory Evaluation (FRE), available under
the same docket number as this final rule, to estimate the total unit
cost per EDR. The total unit cost consists of the following components:
(1) increased memory capacity, (2) microcontroller upgrades, (3) energy
reserve upgrade, (4) EDR redesign and validation, (5) assembling
related material and labor costs, and (6) data imaging tool upgrade.
The aggregated unit cost is the additional cost for an EDR to comply
with the final rule. Based on these findings, the agency now estimates
that the cost to upgrade EDRs to meet the new requirements under this
final rule would range between $0.87 and $2.20 per vehicle equipped
with an EDR.\60\
---------------------------------------------------------------------------

\60\ All costs are in 2022 values.
---------------------------------------------------------------------------

NHTSA estimates that this final rule will affect approximately
15.23 million light vehicles annually with a GVWR less than 8,501 lbs.
This number is derived from Ward's Automotive Yearbook 2022 and the
agency's NCAP data. Based on Ward's data, from 2012 to 2021, the
average annual sales of light vehicles with a GVWR less than 14,001 lbs
was approximately 16.21 million. Due to the incompatible GVWR
categorization in Ward's data, NHTSA was not able to directly parse out
the number of light vehicles, i.e., GVWR less than 8,501 lbs, so NCAP
data was used. NCAP data includes the precise GVWR and expected sales
volume, but only for models of vehicles that manufacturers reported to
the agency. In other words, NCAP might not be adequate for assessing
the absolute annual vehicle sale volume since the expected sold volume
might not be the actual volume sold and the reported models might not
be comprehensive. However, NCAP is a reasonable, available source to
derive the relative proportion of vehicles by GVWR. Based on 2021 and
2022 NCAP, an average of 6 percent of reported light vehicles had a
GVWR greater than 8,500 lbs. Multiplying the annual sales from Ward's
data by the percentage of affected vehicles results in 15.23 million (=
16.21 million * 0.94). Based on approximately 15.23 million affected
vehicles sold annually, the total estimated annual costs range from
$13.26 million to $33.52 million.\61\ The FRE's estimated unit cost per
EDR for each cost component, the total unit cost, and the total annual
costs for the lower and upper bound estimates are shown in Table 4.
---------------------------------------------------------------------------

\61\ Costs for testing, evaluation, and other fixed costs are
factored into the component unit costs by a 1.5 markup factor from
its variable cost.

Table 4--Cost Estimates for Increased Recording Duration of EDR Pre-
Crash Data
------------------------------------------------------------------------
Cost To Modernize EDR From Indicated Baseline
-------------------------------------------------------------------------
Upgraded EDR Base EDR (upper
Cost components (lower bound) bound)
------------------------------------------------------------------------
Memory Capacity Increase.......... $0.00 $0.13
EEPROM/Flash Increase......... 0.00 0.06
Buffer (Volatile Memory)...... 0.00 0.07
Microcontroller Upgrades.......... 0.00 1.10
Energy Reserve Upgrade............ 0.00 0.02
EDR Redesign and Validation....... 0.87 0.87
Labor for Assembling.............. 0.00 0.08
Data Imaging Tool Upgrade......... 0.00 0.00
Aggregated Unit Cost.............. 0.87 2.20
------------------------------------------------------------------------

[[Page 102828]]

Total Number of Affected Vehicles. 15,230,000
-------------------------------------
Total Cost of the Rule (in $13.26 $33.52
Millions)................
------------------------------------------------------------------------

Given the lack of reliable available data discussed above, NHTSA
has used the cost estimates provided by Auto Innovators in response to
the NPRM to estimate the cost for redesign and validation in the
FRE.\62\ Auto Innovators provided an estimated average development/
testing cost of $8.4 million per OEM, based on feedback from OEMs. This
estimate would amount to a total of $142.8 million collectively for the
17 OEMs that provided estimates to Auto Innovators and would only be
considered part of the cost burden for the first year. Applying this
cost to 16.4 million vehicles sold annually \63\ over 10 years, the
estimated cost per vehicle for this component is $0.87. In the FRE for
this final rule, the estimated $0.87 for redesign and validation has
been applied equally in both the lower bound and upper bound scenarios.
Estimated costs for memory, microprocessors, and capacitors were
derived from an online search, with sources presented in the FRE for
this rulemaking. The components were filtered using the following
specifications: automotive grade or use, reel package, and surface-
mount. The sourced online sale unit prices were quoted for small
quantities compared to the large quantities that OEMs may order for
production. The unit prices were further discounted to 30 percent of
the unit price.\64\ The costs for wiring and assembly have been
adjusted for inflation from the estimated assembly costs presented in
the 2006 EDR final rule.
---------------------------------------------------------------------------

\62\ NHTSA-2022-0021-0025.
\63\ Annual production of vehicles typically fitted with part
563 compliant EDRs averaged between 2015-2019 (pre-COVID). See
https://www.epa.gov/automotive-trends/explore-automotive-trends-data#SummaryData.
\64\ Online quotes are for a sale quantity that is significantly
less than the quantity that would be purchased by the manufacturers.
To account for the efficiency of mass production and pricing power,
NHTSA uniformly discounted these unit prices by 70 percent to
represent the component price for manufacturers. This 70 percent
discount may be conservative based on the agency's knowledge.
---------------------------------------------------------------------------

In acknowledgment of the updated estimated costs laid out in the
FRE, NHTSA has added lead time to this final rule to allow OEMs
additional time to comply with this final rule. This lead time should
mitigate costs that may be required for OEMs to meet this final rule.
The added lead time will also allow for the phasing out of older EDR
systems prior to the implementation of the 20 second and 10 Hz
requirements. Phasing out these EDRs will help negate required upgrades
and any costs associated with the necessary components and costs needed
to develop and test the package.

VI. Rulemaking Analyses and Notices

Executive Orders 12866, 13563, and 14094, and DOT Regulatory Policies
and Procedures

We have considered the potential impact of this rule under
Executive Order 12866, Executive Order 13563, Executive Order 14094,
and DOT Order 2100.6A. This final rule is nonsignificant under E.O.
12866 and E.O. 14094 and was not reviewed by the Office of Management
and Budget. It is also not considered ``of special note to the
Department'' under DOT Order 2100.6A, Rulemaking and Guidance
Procedures.
As discussed in this final rule and the NPRM, the additional pre-
crash data that would be collected by EDRs under this final rule would
be valuable for the advancement of vehicle safety by enhancing and
facilitating crash investigations, the evaluation of safety
countermeasures, advanced restraint and safety countermeasure research
and development, and certain safety defect investigations. Improvements
in vehicle safety could occur indirectly from the collection of these
data.
We estimate that approximately 99.5 percent of model year 2021
passenger cars and other vehicles with a GVWR of 3,855 kg or less are
already equipped with part 563-compliant EDRs. As discussed in the
section on the cost impacts of this final rule, the agency believes
that a portion of currently equipped EDRs would not require additional
hardware to meet the requirements of this final rule and that the
compliance costs would be low for software testing and validation.
Additionally, this final rule's lead time should allow manufacturers to
choose how best to equip compliant EDRs in applicable vehicles by the
effective date of this final rule, while also mitigating costs. Updated
cost estimates have been provided for EDRs that would require hardware
and software updates.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their proposed
and final rules on small businesses, small organizations, and small
Government jurisdictions. The Act requires agencies to prepare and make
available an initial and final regulatory flexibility analysis (RFA)
describing the impact of proposed and final rules on small entities. An
RFA is not required if the head of the agency certifies that the
proposed or final rule will not have a significant impact on a
substantial number of small entities. I hereby certify that this rule
would not have a significant economic impact on a substantial number of
small entities. Additional details related to the basis of this finding
can be found in the FRE for this rulemaking final rule.
The factual basis for the certification (5 U.S.C. 605(b)) is set
forth below. Although the agency is not required to issue an initial
regulatory flexibility analysis, this section discusses many of the
issues that an initial regulatory flexibility analysis would address.
This final rule creates minor amendments to 49 CFR part 563, Event
Data Recorders (EDRs), to extend the recording period for pre-crash
elements in voluntarily installed EDRs from 5 seconds of pre-crash data
at a sample rate of 2 Hz to 20 seconds of pre-crash data at a sample
rate of 10 Hz. This final rule applies to vehicle manufacturers that
produce light vehicles with a GVWR not greater than 3,855 kg (8,500
pounds) and voluntarily install EDRs in their vehicles. It also applies
to final-stage manufacturers and alterers. We know of no Federal rules
which duplicate, overlap, or conflict with the final rule.
The Small Business Administration's size standard regulation at 13
CFR part 121, ``Small business size regulations,'' prescribes small
business size standards by North American Industry Classification
System (NAICS) codes.

[[Page 102829]]

NAICS code 336211, Motor Vehicle Body Manufacturing, prescribes a small
business size standard of 1,000 or fewer employees. NAICS code 336390,
Other Motor Vehicle Parts Manufacturing, prescribes a small business
size standard of 1,000 or fewer employees. Most motor vehicle
manufacturers would not qualify as a small business. There are a number
of vehicle manufacturers that are small businesses.
This final rule will directly affect 20 single stage motor vehicle
manufacturers.\65\ None of these are qualified as a small business.
However, NHTSA analyzed current small manufacturers, multistage
manufacturers, and alterers that currently have part 563 compliant EDRs
and found that 13 motor vehicle manufacturers affected by this
rulemaking would qualify as small businesses. While these 13 motor
vehicle manufacturers qualify as small businesses, none of them would
be significantly affected by this rulemaking for several reasons.
First, vehicles that contain EDRs are already required to comply with
part 563. These small businesses generally adhere to original equipment
manufacturers' instructions in manufacturing modified and altered
vehicles. Based on our knowledge, original equipment manufacturers do
not permit a final stage manufacturer or alterer to modify or alter
sophisticated devices such as air bags or EDRs. Therefore, multistage
manufacturers and alterers will be able to rely on the certification
and information provided by the original equipment manufacturer for
EDRs
---------------------------------------------------------------------------

\65\ BMW, Fiat/Chrysler (Ferrari and Maserati), Ford, Geely
(Volvo), General Motors, Honda (Acura), Hyundai, Kia, Lotus, Mazda,
Mercedes, Mitsubishi, Nissan (Infiniti), Porsche, Subaru, Suzuki,
Tata (Jaguar and Land Rover), Tesla, Toyota (Lexus), and Volkswagen/
Audi.
---------------------------------------------------------------------------

This rule may require hardware changes and will require adjusting
the recording time and sampling rate for up to seven pre-crash data
elements. As previously stated, the agency believes some current or
planned systems can accommodate these changes. Additionally, NHTSA
believes the market for the vehicle products of the 13 small vehicle
manufacturers is highly inelastic, meaning that purchasers of their
products are enticed by the desire to have a highly customized vehicle.
Generally, under this circumstance, if any prices increase, the price
of competitor's models will also need to be raised by a similar amount,
since all light vehicles must comply with the standards. Therefore, any
reasonable price increase will not have any effect on sales of these
vehicles. NHTSA also designed the final rule to provide two years of
lead time before the implementation of this final rule. Limited line
\66\ and small-volume manufacturers \67\ will only need to produce
compliant EDRs on or after September 1, 2029. Manufacturers producing
altered vehicles or vehicles in two or more stages will have one
additional year, until September 1, 2030, for compliance. This
additional time provides any affected entities flexibility and ample
time to make the necessary assessments to acquire a basis for
certifying their vehicles' compliance.
---------------------------------------------------------------------------

\66\ Limited line manufacturer means a manufacturer that sells
three or fewer carlines, as that term is defined in 49 CFR 583.4, in
the United States during a production year.
\67\ Small-volume manufacturer as defined in Sec. 571.127,
``Automatic emergency braking systems for light vehicles,'' is an
original vehicle manufacturer that produces or assembles fewer than
5,000 vehicles annually for sale in the United States.
---------------------------------------------------------------------------

Executive Order 13132 (Federalism)

NHTSA has examined this rule pursuant to Executive Order 13132 (64
FR 43255, August 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 this rule will not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. The 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 preempt 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 addressing the
same aspect of performance. The express preemption provision described
above is subject to a savings clause under which 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.
NHTSA rules can also preempt State law if complying with the FMVSS
would render the motor vehicle manufacturers liable under State tort
law. 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. 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 Orders 13132 and 12988, NHTSA has considered
whether this 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 (i.e., the language and
structure of the regulatory text) and objectives of this rule and finds
that this rule, like many NHTSA rules, would prescribe only a minimum
safety standard. As such, NHTSA does not intend this rule to preempt
state tort law that would effectively impose a higher standard on motor
vehicle manufacturers. Establishment of a higher standard by means of
State tort law will not conflict with the minimum standard adopted
here. Without any conflict, there could not be any implied preemption
of a State common law tort cause of action.
This final rule proposes technical amendments to an already
existing regulation.\68\ When 49 CFR part 563 was promulgated in 2006,
NHTSA explained its view that any state laws or regulations that
prohibit the types of EDRs addressed by part 563 would create a
conflict and therefore be preempted. As a result, regarding this final
rule, NHTSA does not believe there are current state laws or
regulations for EDRs that conflict with part 563 or with the overall
minor

[[Page 102830]]

change to capture time proposed by this document.
---------------------------------------------------------------------------

\68\ The 2006 final rule promulgating 49 CFR part 563 discussed
preemption at length. See 71 FR 50907, 51029 (Aug. 28, 2006).
---------------------------------------------------------------------------

Further, the amendments required by this final rule are directed by
the FAST Act, which directs NHTSA to conduct a study to determine the
amount of time EDRs should capture and record data to provide
sufficient information for crash investigators, and conduct a
rulemaking based on this study to establish the appropriate recording
period in part 563. NHTSA conducted an EDR Duration Study and submitted
a Report to Congress summarizing the results of this study in September
2018. This final rule fulfills the rulemaking mandated by the FAST Act.
To the extent there are state laws with different capture times than
that required by this final rule, Congress made the determination in
the FAST Act that the capture time required by part 563 should be
extended. NHTSA is issuing this final rule in accordance with that
statutory mandate.

Executive Order 12988 (Civil Justice Reform)

When promulgating a regulation, Executive Order 12988 specifically
requires that the agency must make every reasonable effort to ensure
that the regulation, as appropriate: (1) Specifies in clear language
the preemptive effect; (2) specifies in clear language the effect on
existing Federal law or regulation, including all provisions repealed,
circumscribed, displaced, impaired, or modified; (3) provides a clear
legal standard for affected conduct rather than a general standard,
while promoting simplification and burden reduction; (4) specifies in
clear language the retroactive effect; (5) specifies whether
administrative proceedings are to be required before parties may file
suit in court; (6) explicitly or implicitly defines key terms; and (7)
addresses other important issues affecting clarity and general
draftsmanship of regulations.
Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this rule 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.

Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et. seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. NHTSA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. This
rule does not meet the criteria in 5 U.S.C. 804(2) to be considered a
major rule. The rule will be effective sixty days after the date of
publication in the Federal Register.

Executive Order 13609 (Promoting International Regulatory Cooperation)

Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements.
The agency is currently participating in the negotiation and
development of technical standards for Event Data Recorders in the
United Nations Economic Commission for Europe (UNECE) World Forum for
Harmonization of Vehicle Regulations (WP.29). As a signatory member,
NHTSA is obligated to initiate rulemaking to incorporate safety
requirements and options specified in Global Technical Regulations
(GTRs) if the U.S. votes in the affirmative to establish the GTR. No
GTR for EDRs has been developed at this time. NHTSA has analyzed this
rule under the policies and agency responsibilities of Executive Order
13609 and has determined this rulemaking would have no effect on
international regulatory cooperation.

National Environmental Policy Act

NHTSA has analyzed this rule for the purposes of the National
Environmental Policy Act. In accordance with 49 CFR 1.81, 42 U.S.C.
4336, and DOT NEPA Order 5610.1C, NHTSA has determined that this rule
is categorically excluded pursuant to 23 CFR 771.118(c)(4) (planning
and administrative activities, such as promulgation of rules, that do
not involve or lead directly to construction). This rulemaking, which
amends regulations regarding Event Data Records (EDRs) to extend the
EDR recording period of timed data metrics from 5 seconds of pre-crash
data at a frequency of 2Hz to 20 seconds of pre-crash data at a
frequency of 10 Hz, is not anticipated to result in any environmental
impacts, and there are no extraordinary circumstances present in
connection with this rulemaking.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid Office of Management and Budget
(OMB) control number. This final rule makes amendments that relate to
an information collection that is subject to the PRA, but the
amendments are not expected to increase the burden associated with the
information collection. In compliance with the requirements of the PRA,
NHTSA published a notice in the Federal Register on August 26, 2021 (86
FR 47719), seeking public comment and providing a 60-day comment
period. NHTSA followed up with a second notice, published on March 17,
2022 (87 FR 15302), announcing that the agency was submitting the
information collection request to OMB for approval. OMB approved the
collection without change on September 29, 2022 (OMB Control No. 2127-
0758).

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 International (SAE).
The NTTAA directs us to provide Congress, through OMB, explanations
when we decide not to use available and applicable voluntary consensus
standards. The NTTAA requires agencies to use voluntary consensus
standards in lieu of government-unique standards except where
inconsistent with law or otherwise impractical.
There are several consensus standards related to EDRs, most notably
those standards published by SAE (J1698--Event Data Recorder) and the
Institute of Electrical and Electronics Engineers (IEEE) (Standard
1616, IEEE Standard for Motor Vehicle Event Data Recorder). NHTSA
carefully considered the consensus standards applicable to EDR data
elements in establishing part 563. Consensus standards for recording
time/intervals, data sample rates, data

[[Page 102831]]

retrieval, data reliability, data range, accuracy and precision, and
EDR crash survivability were evaluated by NHTSA and adopted when
appropriate. The FAST Act directed NHTSA to conduct a study to
determine the amount of time EDRs should capture and record pre-crash
data to provide sufficient information for crash investigators, and to
conduct a rulemaking based on this study to establish the appropriate
recording period in NHTSA's EDR regulation. NHTSA conducted the EDR
Duration Study and submitted a Report to Congress summarizing the
results of this study in September 2018. This rulemaking exceeds the
pre-crash data recording durations of the SAE and IEEE standards (i.e.,
SAE and IEEE recommend recording 8 seconds of pre-crash data) based
upon the new information obtained from the EDR Duration Study. The
results of the study on EDR recording duration suggest that the
recommended recording duration by these standards would not capture the
initiation of crash avoidance maneuvers. NHTSA declines to adopt the
voluntary consensus standards for the pre-crash recording because such
a decision would be inconsistent with the best available information to
the agency and conflict with the outcome of a study required by the
FAST Act.

Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA),
Public Law 104-4, requires Federal agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of more than $100 million annually (adjusted
for inflation with base year of 1995). Adjusting this amount by the
implicit gross domestic product price deflator for the year 2020
results in $158 million (113.625/71.868 = 1.581). Before promulgating a
rule for which a written statement is needed, section 205 of the UMRA
generally requires the agency to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, most
cost-effective, or least burdensome alternative that achieves the
objectives of the rule. The provisions of section 205 do not apply when
they are inconsistent with applicable law. Moreover, section 205 allows
the agency to adopt an alternative other than the least costly, most
cost-effective, or least burdensome alternative if the agency publishes
with the final rule an explanation of why that alternative was not
adopted.
This final rule would not result in expenditures by State, local,
or tribal governments, in the aggregate, or by the private sector in
excess of $158 million (in 2020 dollars) annually. As a result, the
requirements of section 202 of the Act do not apply.

Executive Order 13045 (Protection of Children From Environmental Health
and Safety Risks)

Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks,'' (62 FR 19885, April 23, 1997) applies to any
proposed or final rule that: (1) is determined to be ``economically
significant,'' as defined in E.O. 12866, and (2) concerns an
environmental health or safety risk that NHTSA has reason to believe
may have a disproportionate effect on children. If a rule meets both
criteria, the agency must evaluate the environmental health or safety
effects of the rule on children and explain why the rule is preferable
to other potentially effective and reasonably feasible alternatives
considered by the agency. This rulemaking is not subject to the
Executive order because it is not economically significant as defined
in E.O. 12866.

Executive Order 13211

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

Privacy

The E-Government Act of 2002, Public Law 107-347, sec. 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a Privacy Impact Assessment when they develop or procure new
information technology involving the collection, maintenance, or
dissemination of information in identifiable form or they make
substantial changes to existing information technology that manages
information in identifiable form. A PIA is an analysis of how
information in identifiable form is collected, stored, protected,
shared, and managed. The purpose of a PIA is to demonstrate that system
owners and developers have incorporated privacy protections throughout
the entire life cycle of a system.
The Agency submitted a Privacy Threshold Analysis analyzing this
rulemaking to the DOT, Office of the Secretary's Privacy Office (DOT
Privacy Office). The DOT Privacy Office has determined that this
rulemaking does not create privacy risk because no new or substantially
changed technology would collect, maintain, or disseminate information
in an identifiable form because of this rule. NHTSA also notes that the
Driver Privacy Act of 2015 assigns ownership of EDR data to the vehicle
owner, provides limitations on data retrieval from EDR data, and
generally prohibits access to EDR data with specific exceptions to this
general rule.

Plain Language Requirement

E.O. 12866 requires each agency to write all rules in plain
language. Application of the principles of plain language includes
consideration of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
NHTSA has considered these questions and attempted to use plain
language in promulgating this final rule. If readers have suggestions
on how we can improve our use of plain language, please write us.

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.

List of Subjects in 49 CFR Part 563

Motor vehicle safety, Motor vehicles, Reporting and record keeping
requirements.

In consideration of the foregoing, NHTSA amends 49 CFR part 563 as
follows:

[[Page 102832]]

PART 563--EVENT DATA RECORDERS

0
1. Revise the authority citation for part 563 to read as follows:

Authority: 49 U.S.C. 322, 30101, 30111, 30115, 30117, 30166,
30168; delegation of authority at 49 CFR 1.95.

0
2. Add definitions for ``Limited-line manufacturer'' and ``Small-volume
manufacturer'' in alphabetical order to Sec. 563.5(b) to read as
follows:

Sec. 563.5 Definitions.

* * * * *
(b) * * *
* * * * *
Limited-line manufacturer means a manufacturer that sells three or
fewer carlines, as that term is defined in 49 CFR 583.4, in the United
States during a production year.
* * * * *
Small-volume manufacturer means an original vehicle manufacturer
that produces or assembles fewer than 5,000 vehicles annually for sale
in the United States.
* * * * *

0
3. Revise Sec. 563.7 to read as follows:

Sec. 563.7 Data elements.

(a) Data elements required for all vehicles. Each vehicle equipped
with an EDR must record all of the data elements listed in table I to
Sec. 563.7(a), during the interval/time and at the sample rate
specified in that table.

Table I to Sec. 563.7(a)--Data Elements Required for All Vehicles
Equipped With an EDR
------------------------------------------------------------------------
Recording interval/time Data sample
Data element \1\ (relative to time rate (samples
zero) per second)
------------------------------------------------------------------------
Delta-V, longitudinal.......... 0 to 250 ms or 0 to End 100
of Event Time plus 30
ms, whichever is
shorter.
Maximum delta-V, longitudinal.. 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Time, maximum delta-V.......... 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Speed, vehicle indicated....... -20.0 to 0 sec \4\..... \4\ 10
Engine throttle, % full (or -20.0 to 0 sec \4\..... \4\ 10
accelerator pedal, % full).
Service brake, on/off.......... -20.0 to 0 sec \4\..... \4\ 10
Ignition cycle, crash.......... -1.0 sec............... N/A
Ignition cycle, download....... At time of download \3\ N/A
Safety belt status, driver..... -1.0 sec............... N/A
Frontal air bag warning lamp, -1.0 sec............... N/A
on/off \2\.
Frontal air bag deployment, Event.................. N/A
time to deploy, in the case of
a single stage air bag, or
time to first stage
deployment, in the case of a
multi-stage air bag, driver.
Frontal air bag deployment, Event.................. N/A
time to deploy, in the case of
a single stage air bag, or
time to first stage
deployment, in the case of a
multi-stage air bag, right
front passenger.
Multi-event, number of event... Event.................. N/A
Time from event 1 to 2......... As needed.............. N/A
Complete file recorded (yes, Following other data... N/A
no).
------------------------------------------------------------------------
\1\ Pre-crash data and crash data are asynchronous. The sample time
accuracy requirement for pre-crash time is -0.1 to 1.0 sec (e.g., T =
1 would need to occur between -1.1 and 0 seconds.)
\2\ The frontal air bag warning lamp is the readiness indicator
specified in S4.5.2 of FMVSS No. 208, and may also illuminate to
indicate a malfunction in another part of the deployable restraint
system.
\3\ The ignition cycle at the time of download is not required to be
recorded at the time of the crash, but shall be reported during the
download process.
\4\ For vehicles manufactured before September 1, 2027, the required
recording interval is -5.0 to 0 sec relative to time zero and the
required data sample rate is 2 samples per second. For vehicles
manufactured before September 1, 2029 by small-volume manufacturers
and limited-line manufacturers, the required recording interval is -
5.0 to 0 sec relative to time zero and the required data sample rate
is 2 samples per second. For vehicles manufactured before September 1,
2030 by manufacturers producing altered vehicles or vehicles in two or
more stages, the required recording interval is -5.0 to 0 sec relative
to time zero and the required data sample rate is 2 samples per
second.

(b) Data elements required for vehicles under specified conditions.
Each vehicle equipped with an EDR must record each of the data elements
listed in column 1 of table II to Sec. 563.7(b) for which the vehicle
meets the condition specified in column 2 of that table, during the
interval/time and at the sample rate specified in that table.

Table II to Sec. 563.7(b)--Data Elements Required for Vehicles Under Specified Minimum Conditions
----------------------------------------------------------------------------------------------------------------
Recording interval/time
Data element name Condition for \1\ (relative to time Data sample rate (per
requirement zero) second)
----------------------------------------------------------------------------------------------------------------
Lateral acceleration................. If recorded \2\........ N/A.................... N/A
Longitudinal acceleration............ If recorded............ N/A.................... N/A
Normal acceleration.................. If recorded............ N/A.................... N/A
Delta-V, lateral..................... If recorded............ 0-250 ms or 0 to End of 100
Event Time plus 30 ms,
whichever is shorter.

[[Page 102833]]

Maximum delta-V, lateral............. If recorded............ 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Time maximum delta-V, lateral........ If recorded............ 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Time for maximum delta-V, resultant.. If recorded............ 0-300 ms or 0 to End of N/A
Event Time plus 30 ms,
whichever is shorter.
Engine rpm........................... If recorded............ -20.0 to 0 sec \5\..... \5\ 10
Vehicle roll angle................... If recorded............ -1.0 up to 5.0 sec \3\. 10
ABS activity (engaged, non-engaged).. If recorded............ -20.0 to 0 sec \5\..... \5\ 10
Stability control (on, off, or If recorded............ -20.0 to 0 sec \5\..... \5\ 10
engaged).
Steering input....................... If recorded............ -20.0 to 0 sec \5\..... \5\ 10
Safety belt status, right front If recorded............ -1.0 sec............... N/A
passenger (buckled, not buckled).
Frontal air bag suppression switch If recorded............ -1.0 sec............... N/A
status, right front passenger (on,
off, or auto).
Frontal air bag deployment, time to If equipped with a Event.................. N/A
nth stage, driver \4\. driver's frontal air
bag with a multi-stage
inflator.
Frontal air bag deployment, time to If equipped with a Event.................. N/A
nth stage, right front passenger \4\. right front
passenger's frontal
air bag with a multi-
stage inflator.
Frontal air bag deployment, nth stage If recorded............ Event.................. N/A
disposal, driver, Y/N (whether the
nth stage deployment was for
occupant restraint or propellant
disposal purposes).
Frontal air bag deployment, nth stage If recorded............ Event.................. N/A
disposal, right front passenger, Y/N
(whether the nth stage deployment
was for occupant restraint or
propellant disposal purposes).
Side air bag deployment, time to If recorded............ Event.................. N/A
deploy, driver.
Side air bag deployment, time to If recorded............ Event.................. N/A
deploy, right front passenger.
Side curtain/tube air bag deployment, If recorded............ Event.................. N/A
time to deploy, driver side.
Side curtain/tube air bag deployment, If recorded............ Event.................. N/A
time to deploy, right side.
Pretensioner deployment, time to If recorded............ Event.................. N/A
fire, driver.
Pretensioner deployment, time to If recorded............ Event.................. N/A
fire, right front passenger.
Seat track position switch, foremost, If recorded............ -1.0 sec............... N/A
status, driver.
Seat track position switch, foremost, If recorded............ -1.0 sec............... N/A
status, right front passenger.
Occupant size classification, driver. If recorded............ -1.0 sec............... N/A
Occupant size classification, right If recorded............ -1.0 sec............... N/A
front passenger.
Occupant position classification, If recorded............ -1.0 sec............... N/A
driver.
Occupant position classification, If recorded............ -1.0 sec............... N/A
right front passenger.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-crash data and crash data are asynchronous. The sample time accuracy requirement for pre-crash time is -
0.1 to 1.0 sec (e.g., T = -1 would need to occur between -1.1 and 0 seconds.)
\2\ ``If recorded'' means if the data is recorded in non-volatile memory for the purpose of subsequent
downloading.
\3\ ``Vehicle roll angle'' may be recorded in any time duration; -1.0 sec to 5.0 sec is suggested.
\4\ List this element n-1 times, once for each stage of a multi-stage air bag system.

[[Page 102834]]

\5\ For vehicles manufactured before September 1, 2027, the required recording interval is -5.0 to 0 sec
relative to time zero and the required data sample rate is 2 samples per second. For vehicles manufactured
before September 1, 2029 by small-volume manufacturers and limited-line manufacturers, the required recording
interval is -5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. For
vehicles manufactured before September 1, 2030 by manufacturers producing altered vehicles or vehicles in two
or more stages, the required recording interval is -5.0 to 0 sec relative to time zero and the required data
sample rate is 2 samples per second.

Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.
Adam Raviv,
Chief Counsel.

[Final Rule, RIN 2127-AM12, 49 CFR part 563 Event Data Recorders]

[FR Doc. 2024-29862 Filed 12-17-24; 8:45 am]
BILLING CODE 4910-59-P

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