front seat without manually operated controls would be a passenger
seat, the NPRM proposed to require an additional telltale.
    Commenters had differing views on this issue. The Alliance and GM
requested that NHTSA consider a single telltale unit for both front
outboard seating positions, so long as that telltale is visible from
each seating position. The Center for Auto Safety (CAS) stated, ``it is
important for occupants to verify the operational capability of safety-
critical equipment in vehicles they occupy, including telltales for
suppression-based advanced air bag systems.'' Safe Ride News (SRN)
supported requiring seat-specific telltales. Various commenters had
concerns or suggestions that are addressed below.
Agency Response
    The final rule adopts the provisions of the NPRM, with a few
modifications in response to comments received. The Alliance and GM
requested allowing a single telltale for both front outboard seating
positions. It is NHTSA's position that, while a single telltale unit
that distinguishes both indicators would be acceptable, a single light
indicating the suppression status of both air bag systems, but not
distinguishing their individual state of suppression would not.
Separate suppression telltales clarify which associated seating
position is suppressed, allowing the corresponding passenger to respond
to the information with appropriate action. Separate suppression
telltales verify to the caregiver of children placed in seating
positions that the corresponding air bag is suppressed and allow other
users to determine whether the air bag corresponding to their seating
position is properly functioning. Thus, this final rule requires the
telltale to be clearly recognizable to a driver and any front outboard
passenger with which seat each telltale is associated.
    IIHS argued that the proposal's use of ``any'' in reference to
seating position requirements from which telltales required by FMVSS
Nos. 226 (S4.2.2) and 208 (S19.2.2(d)) must be visible, is ambiguous,
and suggested that the final rule use the term ``all.'' The IIHS
comment seems to interpret the proposal as seeking to require that the
suppression telltale be visible from any DSP in the vehicle. This is
incorrect. The proposal restricted visibility to the front outboard
seats for the FMVSS No. 208 telltale. Accordingly, the final rule will
retain the word ``any'' in FMVSS No. 208 S19.2.2(d). Comments specific
to the FMVSS No. 226 telltale are addressed later in this document.
    Safe Ride News commented that the location should be ``on the dash
in easy-to-see, logical juxtaposition to the seat for which it
applies.'' On the other hand, the Automotive Safety Council (ASC)
believed that the location of the telltale should be chosen to provide
information regardless of where an adult may be seated in the vehicle.
As noted above in our response to IIHS, we decline to implement the
suggestion that the suppression telltales be visible from all seating
positions. While expanding telltale visibility requirements generally
is worthy of discussion, it is beyond the scope of this rulemaking. As
stated elsewhere in the proposal and this document, NHTSA plans to
issue a separate notice that will focus on telltales and warnings for
ADS-equipped vehicles. In the interim, this final rule will establish
requirements that will allow front seat occupants in vehicles without
manual controls to determine whether either outboard front seating
position has a suppressed air bag.
    Disability rights advocacy groups (National Disability Rights
Network (NDRN), Disability Rights Education Fund (DREDF), and the
Consortium for Citizens with Disabilities (CCD)) requested that NHTSA
consider adding audible or haptic alerts to the visual alerts for
suppression telltale information.\43\ NHTSA is not aware of any
previous implementation of haptic non-driving related warnings. More
information and research may be necessary to implement types of layered
alerts to ensure that vehicle occupants receive clear information that
would not confuse or conflict with other information. NHTSA is aware
that audible warnings have been implemented and there may be merit to
such an implementation. However, as we reasoned above, we decline to
implement audible warnings now because they require a larger discussion
and more input on how best to achieve the goals of providing
information, while also avoiding confusing vehicle occupants. That
discussion is beyond the scope of this rulemaking but could be explored
in the forthcoming notice on telltales. The agency notes, though, that
nothing in this rule would prohibit audible or haptic alerts when used
to complement the required visual alert.
---------------------------------------------------------------------------

    \43\ These groups also suggested the Agency look to information
presented at the November 2019 meeting, NHTSA Research Public
Meeting, [www.regulations.com NHTSA-2019-0083-0007]. Among many
topics, this meeting covered research on vulnerable and disabled
road users. The Agency presented a brief summary of a research
program entitled ``Vulnerable and Disabled Road Users:
Considerations Inside and Outside the Vehicle.'' The research
program is ongoing and scheduled for completion in 2022.
---------------------------------------------------------------------------

    IEE expressed concern that ADS-equipped vehicles might have no seat
belt warning system as required by FMVSS No. 208, S7.3 because they may
have no driver's DSP. IEE recommended that NHTSA require a seat belt
reminder system in ADS vehicles that provides audio-visual warnings for
unbelted occupants. The requested revisions are

beyond the scope of the present rulemaking. NHTSA may consider this
issue in future agency work related to telltales and indicators for
ADS-equipped vehicles.

c. Front Outboard Versus Center or Inboard Seating Position

    An ``outboard seating position'' is defined in 49 CFR 571.3 as ``a
designated seating position where a longitudinal vertical plane tangent
to the outboard side of the seat cushion is less than 12 inches from
the innermost point on the inside surface of the vehicle at a height
between the design H-point and the shoulder reference point (as shown
in fig. 1 of Federal Motor Vehicle Safety Standard No. 210) and
longitudinally between the front and rear edges of the seat cushion.''
FMVSS No. 208 requires, for most light vehicles (GVWR less than 4,536
kg (10,000 lb.)), each ``outboard designated seating position,''
including the driver's seat, to have a lap/shoulder (Type 2) seat belt
assembly that conforms to FMVSS No. 209, Seat belt assemblies.
Moreover, the subset of light vehicles that have a GVWR of less than
3,855 kg (8,500 lb.) and unloaded weight of 2,495 kg (5,500 lb.) are
statutorily required \44\ to have frontal air bag protection at the
driver's and right front DSPs, which are evaluated by FMVSS No. 208's
frontal barrier crash tests. Under FMVSS No. 208, any center seating
positions in these light vehicles can be equipped with only a lap belt.
---------------------------------------------------------------------------

    \44\ Intermodal Surface Transportation Efficiency Act of 1991,
Public Law 102-240, 2508 (Dec. 18, 1991).
---------------------------------------------------------------------------

    In the NPRM, NHTSA acknowledged that future vehicle designs might
not have two front outboard seating positions. The agency sought to
amend FMVSS No. 208 to be inclusive of and account for ADS-equipped
vehicles (particularly those without driving controls) that might not
have a front left outboard DSP or, for that matter, any outboard DSP,
as those terms are defined in NHTSA's regulations. NHTSA envisioned
that one or both of the outboard seating positions on a current vehicle
could be moved toward the center of the vehicle and thus fall outside
of the outboard seating position definition. NHTSA sought to amend
FMVSS No. 208 to provide occupants of an ADS-equipped vehicle with
fewer than two front outboard seating positions no degradation in the
crash protection now required by the standard for vehicles that are not
ADS vehicles. The agency requested comment on including in the final
rule air bag (including out-of-position occupant protection) and lap/
shoulder (Type 2) seat belt protection to these inboard seating
positions if outboard positions were removed. We also requested comment
on the implications of such designs upon the statutory obligation for
frontal air bags.
Comments
    Several entities, primarily consumer advocacy groups, commented in
favor of providing Type 2 belts and air bags at all inboard seats. The
Center for Auto Safety (CAS) stated that both lap/shoulder belts and
air bags should be required for inboard seating positions in ADS-
equipped vehicles. Safe Ride News (SRN) commented that the front center
seating position in ADS and non-ADS vehicles ``should no longer be
allowed to be equipped with Type 1 (lap-only) belts, which are far less
protective than Type 2 belts.'' SRN noted that it believes this request
is even more important since it expects it will be more likely that
children would be seated in the front row in ADS-equipped vehicles,
though did not provide any support for this expectation. IEE requested
FMVSS No. 208 require advanced air bags at inboard seats. The
Automotive Safety Council (ASC) stated that ``automated vehicles may
have increased usage/presence of a center seating position, possibly
without accompanying outboard seating positions.'' ASC argued that ``it
is reasonable'' to apply the out-of-position advanced air bag
requirements for all front designated seating positions. IIHS stated
that all designated seating positions should receive ``the same level
of crash protection'' in ADS-equipped vehicles, and that front row
center positions should be required to have Type 2 belts and air bag
protection.
    Some commenters focused on the protection that should be afforded a
single center seat. The Alliance commented that ``[w]here there is only
a single forward-facing front row center seat (and no other front row
seating positions), current levels of FMVSS 208 crash performance,
including advanced air bag performance criteria, if applicable, should
be required for that position.'' However, the commenter also stated,
``there should not be a specific air bag installment requirement to
meet this crash performance.'' Ford expressed support for the final
rule ``to apply the current performance requirements for the passenger
seat called out in FMVSS [No.] 208, to both outboard positions when
there are no controls, or to the center seat when the outboard seating
positions are absent.'' \45\ GM also suggested that ``where there is
only a single forward-facing front row center seat, GM supports
applying current right front outboard passenger side FMVSS [No.] 208
crash performance requirements.'' ZF argued that if a single seat is
installed in the front of the vehicle without driving controls, that
occupant should be protected in the same manner as an outboard
passenger occupant, including seat belts, and an air bag. The National
Automobile Dealers Association (NADA) stated that ``any vehicle (ADS-
equipped or otherwise) with a single forward-facing front row center
seat should be subject to FMVSS [No.] 208 crash performance
requirements, including applicable advanced air bag performance
criteria.''
---------------------------------------------------------------------------

    \45\ To clarify, Ford suggested these occupant protection
requirements should not apply to an ``occasional use seat'' which is
clearly marked. This comment was addressed previously in this
preamble.
---------------------------------------------------------------------------

    Several commenters requested additional research on the issue.
Waymo stated ``considerable technical research and a new proposed
rule'' may be needed to address the protection that should be offered
to inboard front seats when there are no outboard seats. Waymo also
stated that ``[i]f such seating arrangements are in fact likely,''
Waymo prefers that NHTSA finalize this rule and deal with this
``novel'' issue in a separate rulemaking. Tesla urged NHTSA first to
conduct research on the appropriateness and type of equipment
(especially for out-of-position) that is needed to protect an occupant
in the non-outboard seating position, including, e.g., where the center
seat could serve as both an armrest for outboard occupants and a
foldable seat. CalSTA recommended further testing to ensure there is
not an unintended compromise to occupant safety if implemented.
Agency Response
    In deciding how to respond in this final rule to the comments
expressed on this topic, NHTSA considered its guiding principles for
this rulemaking.\46\ One principle is for NHTSA to take every effort to
maintain the level of crashworthiness performance in ADS-equipped
vehicles without traditional manual controls currently required for
vehicles without ADS functionality. Another is for NHTSA to adapt
existing FMVSS requirements to ADS-equipped vehicles in a way that does
not change requirements for non-ADS vehicles. In addition, NHTSA seeks
to modify the FMVSSs in a manner that is more

attentive to the innovative interior designs that are expected to
accompany ADS-equipped vehicles.
---------------------------------------------------------------------------

    \46\ These are set forth in the Executive Summary at the
beginning of this preamble.
---------------------------------------------------------------------------

    Applying these principles, NHTSA's decisions focus on protecting
the public and minimizing any potential loss in crash protection
provided by vehicles if outboard seats are removed in favor of inboard
seats. Further, NHTSA primarily seeks to retain the protections from
existing requirements in a manner that allows for innovators to develop
certain alternative configurations that can accommodate vehicles with
ADS. NHTSA has also made decisions considering the practicability of
meeting requirements and the reasonableness of applying current FMVSS
No. 208 requirements to inboard seat designs.
    Taking these principles into account, NHTSA notes that passenger
cars, multipurpose passenger vehicles, trucks and buses with a GVWR of
less than 3,855 kg (8,500 lb.) and unloaded weight of 2,495 kg (5,500
lb.) are already required to have advanced air bag systems installed at
the front outboard seating positions. Accordingly, the agency has
decided to apply the FMVSS No. 208 protections now applying to the
outboard seating positions to inboard seating positions, to the extent
technically feasible. This final rule adopts a balanced path between
the commenters that desire air bag and lap/shoulder belt protection at
all inboard seats and those that believe such protection should be
required only at a single inboard seat.
    To accomplish this, this final rule will implement the following
(see Figure 1). First, FMVSS No. 208 currently protects two designated
seating positions in the front row of seats with a ``full'' suite of
occupant protection countermeasures: Type 2 (lap/shoulder belt system),
and an advanced air bag system. Those protected seats are currently the
outboard seating positions. To maintain FMVSS No. 208's protection of
two seating positions in the front row--to the extent technically
feasible--this final rule continues protecting two designated seating
positions in the front row with the full suite of protective
countermeasures (Type 2 belt and advanced air bag). Thus, where there
is a single inboard seat and one or no outboard seats, the single
inboard seat would be required to have lap/shoulder seat belts and
advanced air bag protection in that single front row inboard seat, and
any one remaining outboard seat will continue to offer the same
protection as it does currently in vehicles with driving controls (the
full suite of crash protection).
    Second, NHTSA considered a front row with multiple inboard seats
and one or no outboard seats. As discussed above, this final rule seeks
to maintain protecting two designated seating positions in the front
row with the full suite of protective countermeasures (Type 2 belt and
advanced air bag). Thus, for this situation, the protection required by
the vehicle depends on whether there is a remaining single outboard
seat or not. If there is a remaining single outboard seat, that
outboard DSP will be required to provide the full suite of protection
(lap/shoulder seat belts and advanced air bag protection), and one of
the inboard seats will be required to offer the same full suite. The
manufacturer will have the discretion to determine which of the inboard
seats will offer this protection. The other inboard seat (if any) would
only require a lap belt (a lap/shoulder belt may be provided at the
manufacturers' choice), as this is the requirement now specified for an
inboard first row seat under FMVSS No. 208. Thus, the protection
offered by this configuration is essentially the same as vehicles with
driving controls and three front seats (i.e., two DSPs with full suite
of protection and one with lap belt protection).
    In the second case, it is possible there is no outboard seat, but
multiple inboard seats. For this situation, only a single inboard seat
will be required to provide the full suite of protection (lap/shoulder
seat belts and advanced air bag protection). The other inboard seat
will only be required to offer a lap/shoulder belt. While the agency
would like to require the full suite of protections for two DSPs in
accordance with our principles above, we are not requiring a full suite
of protection for the second DSP because of potential safety risks
posed by air bags operating in close proximity to each other (e.g.,
interaction between the two air bags or between occupants in close
proximity when reacting to the air bags), as in the case of two inboard
side-by-side seats. Commenters Waymo, Tesla and CalSTA suggested that
additional research may be needed to discern if there are any
unintended consequences related to more than one inboard seat with
frontal air bag protection being in close proximity. NHTSA agrees with
these commenters and plans to conduct research to determine the minimum
lateral distance between the seats where air bag protection could be
provided to both DSPs. The agency does not know how commonly such
vehicle configurations will be produced and will seek additional
information on this issue before pursuing a regulatory mandate.
    To be clear, NHTSA does not believe any such research is needed for
the situation where a single inboard passenger seat has frontal air bag
protection, even with another non-air bag protected seat in close
proximity. Neither does NHTSA believe that a separate rulemaking is
necessary to provide FMVSS No. 208 protections to a single inboard
seating position. This is because the technology required in that
situation is used by the millions in vehicles today, with decades of
experience (currently there are front outboard seating positions with
Type 2 belts and air bags right next to a center seating position with
a lap belt or Type 2 belt). Vehicle manufacturers may need to address
the specifics of the vehicle interior geometry and crash pulse to
develop an appropriate design, but the agency has no reason to believe
that providing a full suite of protection to a single inboard seat will
be more challenging than for an outboard seat.
    The above specified regulatory changes have been implemented in
S<IP_ADDRESS> and S<IP_ADDRESS> of FMVSS No. 208. The regulatory approach taken
in these sections was to point to the test procedures as specified for
front outboard designated seating positions and apply them to the
inboard seats, as appropriate. We believe that, except as noted below
for bench seat positioning, the procedures as written can be performed
on inboard seats, without adaptations. The agency has made minor edits
to S16.2.10 and S<IP_ADDRESS> to clarify positioning of inboard seats, in
the case where seat positioning cannot be independently controlled.
    Finally, NHTSA carefully considered the Alliance comment on inboard
seat protection suggesting that current levels of crash performance be
provided, including advanced air bag performance criteria, but without
a specific air bag installation requirement. We interpreted this to
mean that any stipulation for ``inflatable restraint'' should be
removed from S<IP_ADDRESS>.3, with all other provisions remaining. The
agency is declining to make this change at this time. The text is
clearer with the reference to ``inflatable restraint'' than without it.
Also, there are questions of scope related to this request and NHTSA
would like to consider further comments on the suggestion.
BILLING CODE 4910-59-P

[GRAPHIC] [TIFF OMITTED] TR30MR22.000

BILLING CODE 4910-59-C

d. Suppression of Vehicle Motion When a Child Is Detected in the
Driver's Seat

    Because some ADS-equipped vehicles may be designed with a driver's
seat (i.e., a seat with immediate access to manually operated driving
controls), NHTSA explored the possibility that a child may be seated in
a driver's seat during ADS operation. As stated previously, NHTSA
believes that children should not occupy the driver's position when the
vehicle is operating in ADS mode and steering controls are present.
Such a situation might occur when a caregiver places a child in this
seat or when an older child places themselves in this position. This is
a concern because a driver's seat is not a passenger seat, a driver's
seat would not be subject to advanced air bag requirements protecting
out-of-position children from air bag risks. In addition, the crash
protection in the driver's seat is not tailored to a child. NHTSA was
concerned about this possibility and proposed that ADS-equipped
vehicles that have manually operated driving controls must render the
vehicle incapable of motion if a child is detected in the driver's
seat. The agency proposed that the ADS vehicle would be tested for
compliance with this ``motion suppression'' requirement using the 12-
month-old, 3-year-old and 6-year-old child test dummies currently used
for out-of-position testing in the standard.
    Many comments discussed this aspect of the proposal, with a variety
of approaches. In general, commenters on this topic acknowledged that a
potential problem exists that should be addressed but differed in their
approach to a solution and beliefs about the readiness for a regulatory
solution. Many non-industry commenters agreed with the proposal, as did
some suppliers and an ADS developer. However, a couple commenters
raised concerns about the proposal. Additional details on these
comments are provided below.
    Many commenters, including Consumer Reports, Safe Ride News (SRN),
Johns Hopkins University, IIHS, IEE, the Automotive Safety Council
(ASC), and the Center for Auto Safety (CAS) supported NHTSA's proposal
to require motion suppression if a child were detected in the driver's
seat of an ADS-equipped vehicle. CAS stated that the vehicle should be
immovable if any child were detected in the driver's seat

while the vehicle is stationary and should revert to a safe stop if a
child is detected in the driver's seat while underway. CAS and SRN
recommended that the suppression test be performed with a Hybrid III
10-year-old child test dummy. Johns Hopkins University requested
research on the behavior of occupants of various ages and sizes when
seated as passengers in the driver position to ensure that they will
receive the same protections.
    In contrast, a number of commenters expressed concerns about the
proposal. The NDRN explained that ``child protections that limit the
vehicle's motion would have the unintended consequence of prohibiting
access and discriminating against adult drivers of short stature.''
This concern was also expressed by DREDF and CCS. NDRN stated that a
vehicle's sensors would not know the difference between a child and an
adult driver whose weight and height may be similar. The Alliance
stated that ``whenever a child can be placed in front of an air bag
when the vehicle is in motion the appropriate advanced air bag
requirements should apply at that seating position.'' That said, the
Alliance argued that ``the issue of vehicle motion suppression does not
fall within the category of a simple technical translation of current
FMVSS [No.] 208 requirements,'' but is an ``operational topic'' that
NHTSA can and should address ``on a separate track.'' Waymo stated that
it recognized the importance of protecting small children from air bag
risks but had concerns about the proposed vehicle motion suppression
approach. Waymo stated, ``it may be technically feasible to address
that risk by requiring the same advanced air bag protections in the
driver's seat of dual-mode vehicles as those that are currently
required in the right front outboard passenger seat. In fact, there may
be other technical solutions that would obviate the need for the NPRM's
proposal. . . . Waymo is confident that auto manufacturers can develop
sound technical ways to address this issue.''
    Ford stated that it ``appreciates NHTSA's safety concerns for child
seats mounted in the driver seat of a `Dual mode' AV when the ADS is
active,'' but sought an additional compliance option beyond motion
suppression. Ford identified two risk categories for children in the
driver's seat: Crash protections; and unintentional takeover of the
driving task. Ford stated that the crash protection risk could be
addressed by ``[e]nsur[ing] the same level of crash protection for
children of various ages in the driver seat position as provided today
in the passenger outboard seating position,'' while the risk of
unintentional take-over could be addressed ``by suppressing manual
requests to the steering control in ADS mode when a child is detected
in the driver seat.'' GM asserted that motion suppression for dual-mode
ADS-vehicles should not be the focus of the NPRM, but that it ``is
aligned with the need to address child occupant safety in dual-mode
ADS-equipped vehicles and would support applying existing air bag
suppression requirements (and/or low risk deployment) to accomplish
this.''
Agency Response
    NHTSA has decided not to adopt the proposal for motion suppression
of the vehicle in this final rule. Additional information is needed to
gain a fuller understanding of potential unintended consequences of the
proposal, the potential safety problem related to interaction with
driving controls, and available regulatory solutions before a final
decision can be made. While the agency believes that FMVSS No. 208's
air bag suppression test procedure could form the basis of a test
procedure for a vehicle motion suppression regulatory option, such as
that proposed in the NPRM,\47\ additional work is necessary to address
problems relating to a vehicle's sensors distinguishing between a child
and an adult driver similar in size to a child.\48\
---------------------------------------------------------------------------

    \47\ Many commenters were under the mistaken impression that the
NPRM only proposed that the 12-month-old CRABI dummy was to be used
to assure vehicle motion suppression. To clarify, the NPRM proposed
to use the 12-month-old, the 3-year-old, and the 6-year-old child
dummies in the proposed procedure.
    \48\ At this time, NHTSA is not aware of any production-ready
technical solution for occupant detection that would be able to
discriminate between a 6-year-old or younger child and an adult of a
similar or smaller size, and does not know of a test procedure that
could be used to test a system's ability to do so.
---------------------------------------------------------------------------

    While several commenters suggested potential alternative regulatory
solutions, they are outside of the scope of this rulemaking, require
research to determine their technical feasibility, or require further
analysis to determine whether they would be consistent with the
requirements of the Safety Act. Some suggested requiring the same
advanced air bag protections in the driver's seat of dual-mode vehicles
as those that are currently required in the right front outboard
passenger seat. That approach does not address concerns with the effect
the manually operated driving controls themselves could have on the
children's crash protection. For instance, would an infant in a rear-
facing child restraint in a seating position with a steering control
system be adequately protected when the air bag is suppressed? Would a
child in a forward-facing child restraint in a seating position with a
steering control system be adequately protected when the air bag is
suppressed or in a low risk deployment state? How should test
procedures be developed to assess the crash protection provided to
children in a driver's seating positions relative to the passenger
position? While caregivers are taught to transport children in rear
seating positions, to what extent would children be transported in ADS
vehicles in seating positions that have manually operated driving
controls? To finalize a rule in this area, the agency would like to
answer these questions, and those answers require additional research.
    NHTSA plans to initiate research into the possibility of
alternative regulatory options that allow vehicle motion, but that also
address the risk of children in a driver's seat. The agency is
interested in the development of an analogous procedure to the child
passenger low risk deployment tests, but for seats with manual
controls. A test could be developed that assesses the injury risk from
a deploying air bag on an out of position child. Another aspect of this
research may attempt to discern whether the presence of the steering
control (even with a suppressed or low risk deployment air bag) results
in an unreasonable safety risk to an in-position child in the driver's
seat compared to a child in a passenger seat.
    While NHTSA has decided not to proceed with adopting the proposed
requirement for vehicle motion suppression, we disagree with the
assertion that this proposal was not appropriate for the rulemaking.
While the rulemaking focused on translating the current FMVSS No. 208
requirements to account for ADS vehicles, the agency appropriately
discerned what it believed to be a crash protection issue and a risk
case that is a consequence of the vehicle design changes that may
accompany vehicles equipped with ADS technology. After review of the
comments, NHTSA has concluded that more information is needed to
identify and understand the nature and extent of the potential safety
problem and available regulatory alternatives.\49\ The agency
anticipates revisiting this issue as more is learned from research and
as the technologies develop.
---------------------------------------------------------------------------

    \49\ This decision accords with E.O. 12866, Regulatory Planning
and Review, Section 1.
---------------------------------------------------------------------------

e. Belts in Buses

    FMVSS No. 208 establishes seat belt requirements for ``medium-
sized'' buses

(with a GVWR between 4,536 kg (10,000 lb) and 11,793 kg (26,000 lb))
and ``large'' buses (GVWR greater than 11,793 kg (26,000 lb)). For
school buses, the driver's seating position is required to have a Type
2 seat belt. For the other buses, the driver's seating position is
required to have a Type 1 or 2 seat belt (alternatively, a vehicle may
meet a crash test option in FMVSS No. 208, depending on the vehicle).
The NPRM sought comment on how the belt requirement should apply to an
ADS bus that does not have a driver's seat. Comments were requested on
whether the standard should require a seat belt for all front seats,
for just the left front outboard seating position, or for only at least
one front passenger seat. NHTSA proposed that all front passenger seats
should be protected with the same level of protection that would apply
to the driver of a non-ADS vehicle. Our stated rationale was that there
is likely a similar safety risk in all front row seats of these medium
and large buses and that the prediction of where an individual might
sit in the front row is likely to change in ADS-equipped vehicles. The
NPRM discussed concerns with arbitrarily determining which front row
occupant receives the protection of a seat belt or allowing
manufacturers to make that determination. (See proposed amendments to
FMVSS No. 208 S<IP_ADDRESS>.2, S<IP_ADDRESS> and S<IP_ADDRESS>.)
    Many commenters (including the Alliance, Hyundai, Safe Kids, CAS,
CalSTA, the Automotive Safety Council (ASC), Safe Ride News (SRN))
supported NHTSA's proposal. ASC also believed the proposed text should
apply regardless of whether they are ADS or non-ADS vehicles and
suggested there should be a seat belt warning for each position. SRN
believed that the occupant protection formerly provided for an adult
driver should be available for a supervisory adult or adults in school
buses with ADS.
Agency Response
    The final rule adopts the proposed changes to the seat belts
required for the front seats of medium sized buses (GVWR or more than
4,536 kg (10,000 lb), but not greater than 11,793 (26,000 lb)) without
driver's DSPs, but will not proceed with the changes for large school
buses (GVWR of more than 4,536 kg (10,000 lb)).\50\ We will separate
this discussion into large school buses and medium size non-school
buses.
---------------------------------------------------------------------------

    \50\ FMVSS No. 222, ``School bus passenger seating and crash
protection,'' considers buses with a GVWR greater than 4,536 kg
(10,000 lb.) as large school buses (S5(a)).
---------------------------------------------------------------------------

    For large school buses described above, we have decided that more
examination is necessary before finalizing a requirement. The FMVSS No.
222 compartmentalization requirements for passenger seats remain in
place. We believe any changes to the compartmentalization requirement
of FMVSS No. 222 for front row seats of novel ADS-equipped school buses
require a more fulsome discussion before moving forward.
    NHTSA is finalizing its proposal for medium size buses, other than
school buses, to require the same occupant protection at the front seat
of an ADS as would currently be met by the driver's seat. However,
modifying existing FMVSSs to require seat belt warnings for each bus
seat would be outside the scope of this rulemaking.
    CAS submitted that school buses should not be included in this
rulemaking due to the unique role a human driver has in interacting
with and overseeing the student occupants. The commenter is concerned
about a rulemaking that has the effect of encouraging the development
of school buses with ADS, because school buses rely on the human driver
for more tasks such as ``safety during ingress and egress, for
discipline while underway, and for emergency evacuation in a variety of
life-endangering situations.'' They argue that ``any proposed rule on
occupant protection for driverless school buses should be withdrawn
unless and until all safety aspects of such operation are considered.''
    In response, NHTSA believes the CAS request that this rulemaking
action exclude any changes that affect school buses is unwarranted. The
final rule simply updates terms in the standards to make them
technology-neutral to account for ADS-equipped vehicles, particularly
those without manual controls, while providing the same amount of
occupant protection. NHTSA notes that Federal law does not prohibit
installation of an ADS on a school bus, currently. CAS did not provide
any particularized safety issues within the scope of this rulemaking
that would justify NHTSA's not proceeding with amending the school bus
FMVSSs. NHTSA does not regulate the use or operation of school buses,
so even with this final rule, States or local school districts can
continue to purchase only non-ADS school buses if they wish to do so,
and existing operational and supervisory requirements on a State, local
or school district level could apply as well.

f. Corrections to FMVSS No. 208 Regulatory Text

    NHTSA realized from some of the comments that editorial corrections
should be made to some of the provisions of FMVSS No. 208.
    Zoox believed that a change in S19.2.2(e) is needed for consistency
throughout the regulatory text. NHTSA agrees with Zoox that S19.2.2(e)
should be changed such that the reference to the ``right front
passenger'' is changed to ``any front outboard passenger.'' The agency
believes this is consistent with changes made throughout the FMVSSs to
address the situation where there may be more than one front outboard
passenger.
    FMVSS No. 208, S4.2 defines, for use in that section, the term
``vehicles manufactured for operation by persons with disabilities.''
The purpose of this definition was to allow an exception to the type of
seat belt required in the driver's seating position in S<IP_ADDRESS>(b),
which is a superseded section of FMVSS No. 208. The National Disability
Rights Network (NDRN) commented that ``[l]anguage needs to be added to
these provisions that takes into consideration the potential for
wheelchair accessible ADS-equipped vehicles without manual controls or
a driver's seat and reference to a front left outboard seat.''
    In response, S<IP_ADDRESS>(b) has been superseded and the term
``vehicles manufactured for operation by persons with disabilities'' is
no longer used anywhere in active portions of FMVSS No. 208, aside from
the definition that is provided in S4.2. NHTSA interprets NDRN's
comment as requesting that ``vehicles manufactured for operation by
persons with disabilities'' be added in active portions of FMVSS No.
208, as had been included in superseded portions of the standard.
Though such a request is outside the scope of this final rule and
requires additional analysis, NHTSA may consider similar language in
future rulemakings.

VII. Amendments to Various FMVSSs

    This section discusses comments received on proposed amendments to
various FMVSSs.

FMVSS Nos. 203, Impact Protection for the Driver From the Steering
Control System and 204, Steering Control Rearward Displacement

    NHTSA proposed modifying the application section (S2) of FMVSS Nos.
203 and 204 to state that the standards do not apply to vehicles
without steering controls. The agency tentatively determined that the
proposed changes

would not reduce vehicle safety because, if no steering control is
present at the seating position where the driver's seat would normally
be located, that seating position would become a passenger seat that is
still subject to the protection afforded by the requirements of FMVSS
No. 201.
    Several commenters supported the proposed wording change, and no
commenter opposed. NHTSA is adopting the change. In their comments to
the NPRM the American Trucking Association stated their belief that
FMVSS No. 204 applied to heavy trucks. In response to this comment we
would like to clarify that FMVSS No. 204 does not apply to trucks with
a GVWR over 10,000 lb.
    The Center for Auto Safety (CAS) discussed implications for
vehicles with configurations that could change (i.e., a vehicle could
have configurations with steering controls and without), but such
controls do not meet the definition of a manually operated driving
control while stowed. The agency believes that no change is necessary
to address the CAS concern, because it is already addressed by virtue
of the fact that when the steering control is not stowed, both FMVSS
Nos. 203 and 204 apply (unless otherwise excluded).

FMVSS No. 207, Seating Systems--Driver's Seat Requirement

    NHTSA proposed to modify a requirement that a vehicle have a
driver's seat (FMVSS No. 207, S4.1), to specify instead that a driver's
seat would be required only for vehicles with manually operated driving
controls. By virtue of the new definition of driver's seat (``driver's
designated seating position'') and ``manually operated driving
controls,'' a driver's seat inherently has immediate access to such
controls. Therefore, the proposed addition to S4.1 would clarify that a
vehicle equipped with ADS, without traditional driving controls, need
not have a driver's seat.
    Most commenters responding to this issue (the California State
Transportation Agency (CalSTA), GM, CAS) favored or were neutral on the
proposal. GM noted that the NPRM's use of the term ``manually operated
driving control'' as used in the requirement for a driver's seat in
FMVSS No. 207 was incorrectly singular and instead should be plural.
NHTSA agrees with this comment and has adopted the correction in the
final rule.
    Tesla asked NHTSA to reconsider this requirement, stating that,
``in certain circumstances involving dual-mode vehicles, the driver's
designated seating position may become a passenger's designated seating
position (e.g., when the manually operated driving controls are
stowed).'' Tesla stated that in such cases, there may be no driver's
designated seating position, which could create uncertainty about
compliance with FMVSS 207, S4.1 for dual-mode vehicles.
    NHTSA does not understand how the situation Tesla describes creates
uncertainty about S4.1 certification, since the driver's seat
requirement is predicated on the presence of driving controls. If the
vehicle were dual-mode with stowable controls, the manufacturer would
need to provide a seat so that when the controls are in place, the seat
would be available. Although such a system would be unnecessary, a
manufacturer could provide a system that stows the driver's seat when
the controls are stowed.

FMVSS No. 214, Side Impact Protection

    Zoox commented that the first sentence of FMVSS No. 214, S12.2.1(c)
is unnecessary. This section of the standard refers to the positioning
of the arms of the test dummy. The NPRM proposed adding a sentence to
assure that the specification would apply if the vehicle had multiple
front seat passenger dummies. However, since the specification would
apply to any dummy, the additional sentence is redundant. NHTSA agrees
with Zoox's assessment and is deleting the unnecessary text.

FMVSS No. 220, School Bus Rollover Protection

    The Alliance suggested that in S5.2(b), the term ``occupant
compartment'' should be substituted for ``passenger and driver
compartment.'' NHTSA did not propose changes to FMVSS No. 220 because
the agency does not believe any are necessary.
    We decline to make the requested change to FMVSS No. 220 because
the agency continues to believe no changes are necessary. We note that
a lack of a driver simply indicates that there is only a passenger
compartment.

FMVSS No. 226--Ejection Countermeasure Readiness Telltales

    The agency stated in the preamble of the NPRM that it would not
address telltales and warnings as they relate to ADS vehicles where
there is no requirement for any occupant to be seated in what is
currently considered the driver's DSP.\51\ The NPRM stated that this is
a broad topic that will be discussed in a future notice focused solely
on these issues, where the agency can engage stakeholders on those
issues requiring additional policy and technical discussion. The
proposed regulatory text from the NPRM (in S4.2.2 of FMVSS No. 226)
included changes that inadvertently would have required the ejection
mitigation countermeasure readiness indicator to be visible to the
occupant of any DSP for vehicles without a driver's DSP.
---------------------------------------------------------------------------

    \51\ The preamble stated (85 FR at 17630): ``The Agency notes
that other barriers, such as those involving the ejection mitigation
countermeasure indicator included in FMVSS No. 226, would be more
appropriately addressed in the Agency's planned future notice
relating to the appropriate applicability of telltale requirements
in ADS-equipped vehicles.''
---------------------------------------------------------------------------

    This final rule does not proceed with this proposal. Changes to the
ejection mitigation readiness indicator in FMVSS No. 226 were not
intended to be included in the scope of this rulemaking. The agency
will take the comments received on this issue into consideration when
developing its next actions related to telltales and indicators for
ADS-equipped vehicles.

FMVSS No. 226, Ejection Mitigation--Modified Roof Definition

    FMVSS No. 226 excludes ``modified roof vehicles'' from the standard
(S2). The existing FMVSS No. 226 definition of ``modified roof'' (in
S3) uses the term ``driver's compartment.'' NHTSA proposed to make a
simple substitution of ``occupant compartment'' to replace ``driver's
compartment.'' We noted that this change would affect the applicability
of the standard to all vehicles. However, we expected that it would not
have any substantive effect on non-ADS vehicles, i.e., we expected that
the driver's compartment and the occupant compartment would be
identical and requested comment on our expectation.
    This final rule adopts the proposed change. Only CalSTA commented
on this aspect of the proposal, and they did so in agreement with the
change. CalSTA asserted that this modification will increase occupant
safety. NHTSA does not have information demonstrating that this change
affects the level of protection provided by current requirements, since
the modification does not expand applicability.

VIII. Effective Date

    This final rule is effective 180 days after date of publication in
the Federal Register, with optional early compliance permitted. 49
U.S.C. 30111(d) states that a FMVSS may not become effective before the
180th day the standard is prescribed unless good cause is shown that a
different effective

date is in the public interest. This final rule makes modifications to
existing FMVSSs in a way that does not require manufacturers of
traditional vehicles to modify their products. Moreover, providing for
optional early compliance will allow manufacturers to benefit
immediately from the flexibility afforded by the modifications to the
FMVSSs included in this final rule, providing the same relief as if the
effective date were earlier.

IX. Cost and Benefit Impacts of This Final Rule

    A Final Regulatory Impact Analysis (FRIA) can be found in the
docket for this final rule. A summary of the FRIA findings is provided
below. The cost impacts of this rule will depend on the per-vehicle
costs savings to each vehicle that would no longer need certain manual
controls, times the number of vehicles produced each year that will be
produced without those controls. The Agency has reliable information on
the former category, given that we generally know the current costs of
this equipment, but can only estimate the broader effects. Thus, NHTSA
calculated the impact of the final rule on costs by analyzing
production cost savings arising from forgoing the installation of
manual steering controls. These cost savings are partially offset by
incremental costs associated with augmenting safety equipment in the
left front seating position to make that position equivalent to the
right front seating position, i.e., when what would have previously
been a driver's seating position would become a passenger seating
position in an ADS-DV without manual controls.\52\
---------------------------------------------------------------------------

    \52\ An ADS-DV is defined as ``[a] vehicle designed to be
operated exclusively by a level 4 or level 5 ADS for all trips
within its given operational design domain (ODD) limitations (if
any).'' High driving automation (Level 4) is defined as ``[t]he
sustained and ODD-specific performance by an ADS of the entire
dynamic driving task (DDT) and DDT fallback without any expectation
that a user will respond to a request to intervene.'' Full driving
automation (Level 5) is defined as ``[t]he sustained and
unconditional (i.e., not ODD-specific) performance by an ADS of the
entire DDT and DDT fallback without any expectation that a user will
respond to a request to intervene.'' SAE J3016_201806 Taxonomy and
Definitions for Terms Related to Driving Automation Systems for On-
Road Motor Vehicles.
---------------------------------------------------------------------------

    Monetized estimated per-vehicle cost impacts (2018 dollars) are
presented by discount rate in Table IX-1 below based on a scenario
presented by the Energy Information Administration (EIA),\53\ in which
ADS-DVs represent 31 percent of the share of new light-duty vehicle
sales in the year 2050:
---------------------------------------------------------------------------

    \53\ Chase, N., Maples, J., and Schipper, M. (2018). Autonomous
Vehicles: Uncertainties and Energy Implications. Issue in Focus from
the Annual Energy Outlook 2018. Washington, DC: U.S. Energy
Information Administration. Available at https://www.eia.gov/outlooks/aeo/av.php (last accessed October 22, 2019).

                          Table IX-1--Summary of Net Per-Vehicle Cost Impact Estimates
                                   [ADS-DV cost impacts in 2050, 2018 dollars]
----------------------------------------------------------------------------------------------------------------
                                                 Mean net cost
                 Discount rate                      impact          5th- to 95th-Percentile net cost impacts
----------------------------------------------------------------------------------------------------------------
0% (Effects in 2050)..........................           -$995  -$636 to -$1,350.
3% (Discounted back to 2022)..................            -435  -$279 to -$590.
7% Discounted back to 2022)...................            -149  -$96 to -$203.
----------------------------------------------------------------------------------------------------------------

    The ranges of estimates were identified within an uncertainty
analysis addressing uncertainty in the average level of cost savings
that would be achieved by ADS-DV manufacturers. The uncertainty
analysis centered on identifying plausible ranges of the per-vehicle
cost savings, with corresponding assumptions regarding the
distributions of values across each range (i.e., the likelihood of
observing a particular value). The uncertainty analysis generated
50,000 simulated outcomes, across which the mean and percentile values
reported in Table IX-2 were identified. In addition to the above ranges
of estimates, the Agency performed a sensitivity analysis in which 30
percent of ADS-DV sales in 2050 are comprised of dual-mode vehicles.
See the FRIA for the results of that analysis.
    Although attempting to project the number of vehicles that may
benefit from these savings is, of course, highly uncertain, NHTSA has
conducted an analysis that shows how these cost savings would look if
these types of vehicles became more present in the fleet, as explained
in greater detail in the FRIA. NHTSA assumed that light-duty vehicle
sales would follow the identical baseline path projected in the
Corporate Average Fuel Economy (CAFE) Model \54\ through 2032 (the last
year specified in the baseline), and then would continue to grow at the
average annual growth rate in the baseline from 2027-2032
(approximately 0.2 percent per year; the projected baseline growth rate
was also approximately 0.2 percent per year for 2027-2032 in the CAFE
Model) for each year after 2032, growing to 18.7 million new light-duty
vehicles sold in 2050. NHTSA assumed that the share of new light-duty
vehicle sales comprised of ADS-DVs would reach 31 percent in the year
2050, based on the EIA scenario described above; \55\ thus, new ADS-DV
sales in 2050 are assumed to be equal to 31 percent of 18.7 million, or
5.8 million. Based on these assumptions, NHTSA estimates that the final
rule would save ADS-DV manufacturers and consumers approximately $2.5
billion in the year 2050 ($2.7 billion in production cost savings,
offset partially by $0.2 billion in incremental costs) at a three-
percent discount rate; and approximately $0.7 billion in the year 2050
($0.9 billion in production cost savings, offset partially by
approximately $0.1 billion in incremental costs) at a seven-percent
discount rate.
---------------------------------------------------------------------------

    \54\ Detailed information on the CAFE Model, including model
files, is available at https://www.nhtsa.gov/corporate-average-fuel-economy/compliance-and-effects-modeling-system.
    \55\ Chase, N., Maples, J., and Schipper, M. (2018). Autonomous
Vehicles: Uncertainties and Energy Implications. Issue in Focus from
the Annual Energy Outlook 2018. Washington, DC: U.S. Energy
Information Administration. Available at https://www.eia.gov/outlooks/aeo/av.php (last accessed October 22, 2019).

           Table IX-2--Summary of Total Monetized Annual Benefit, Cost, and Net Cost Impact Estimates
                             [ADS-DV Cost impacts in 2050, billions of 2018 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                     Benefits       Incremental      Net cost
                          Discount rate                           (cost savings)       costs          impact
----------------------------------------------------------------------------------------------------------------
3%..............................................................            $2.7            $0.2           -$2.5
7%..............................................................             0.9             0.1            -0.9
----------------------------------------------------------------------------------------------------------------

    The estimated cost impacts above represent the subset of potential
impacts that are quantifiable (albeit with considerable uncertainty)
under the available information. NHTSA identified five unquantified
benefit impacts associated with the final rule: impacts on fuel
consumption, impacts on safety, incremental producer and consumer
surplus, changes in administrative burden, and changes in manufacturer
uncertainty. The final rule could affect per-vehicle fuel consumption
by changing the mass of ADS-DVs. NHTSA expects ADS-DV mass to either
decrease (due to the removal of currently required equipment) slightly
or remain essentially unchanged (due to the addition of automated
steering components that offset the mass savings of the removed
equipment) under the final rule. NHTSA acknowledges that, in principle,
ADS-DV mass could increase (if vehicle seating configurations and
amenities are changed sufficiently when exploiting the reduction in
design constraints when removing manual steering controls) under the
final rule. Conversely, ADS-DV net mass could decrease for cases where
vehicles are used for travel without occupants (e.g., automated
deliveries or empty running between trips with occupants). However, we
do not have data to support any specific projections in changes in
vehicle mass.
    In any event, current corporate average fuel economy (CAFE)
requirements are based on a vehicle's ``footprint,'' and thus any
change in a vehicles mass will not affect a manufacturer's obligations
under that program. Finally, as stated in the NPRM, NHTSA has not
attempted to address the revisions that may be necessary to provide
regulatory certainty for manufacturers that wish to self-certify ADS-
equipped vehicles with unconventional seating arrangements. The final
rule is assumed to have no effect on the per-mile risk of travel in
ADS-DVs, as it does not revise, remove, or establish anything
associated with their safety performance. That is, the removal of
manual steering controls is not assumed to offer any direct safety
benefit or detriment for travel in ADS-DVs. However, it is feasible
that changes in ADS-DV demand associated with the final rule (e.g., due
to changes in vehicle design or decreases in cost) could increase the
use of ADS-DVs. In turn, safety outcomes associated with the final rule
would be equal to the net effects of: (1) Changes in per-mile fatality
and injury risk for travel that is shifted from conventional vehicles
to ADS-DVs; and (2) incremental fatalities and injuries for travel in
ADS-DVs that would not have taken place in any vehicle otherwise. It is
difficult to project net safety impacts associated with the final rule
without information on: (1) Per-mile fatality and injury risk for ADS-
DVs and conventional vehicles over time; and (2) demand for travel in
ADS-DVs and conventional vehicles as a function of ADS-DV price and
design attributes.
    NHTSA recognizes that incremental consumer and producer surplus
under the final rule would accrue in addition to the production cost
savings estimated in the preceding section. That is, by reconfiguring
seating configurations and amenities to exploit the lack of manual
steering controls, ADS-DV manufacturers would generate incremental
consumer and producer surplus as consumers' willingness-to-pay
increases. However, NHTSA does not have sufficient information
available on the demand and supply of ADS-DVs and their substitutes to
estimate the components of incremental consumer and producer surplus
that are not captured within the estimates of production cost savings.
Thus, the share of incremental consumer and producer surplus not
comprised of the cost savings identified in the preceding section is an
unquantified benefit.
    The final rule would lead to a reduction in the number of standards
from which manufacturers of ADS-DVs would have to seek exemptions. The
reduction in exemption requests would be associated with a reduction in
administrative costs for both manufacturers and NHTSA. NHTSA does not
have sufficient information to establish a specific estimate of
administrative cost savings. However, the cost savings would be
expected to be small relative to the production cost savings associated
with the rule.
    A less tangible, but still important, expected impact of the final
rule would be a reduction in uncertainty for manufacturers of ADS-
equipped vehicles. The final rule provides clarity to manufacturers on
constraints to developing FMVSS-compliant ADS-equipped vehicles. In
turn, developmental paths for ADS-equipped vehicles could be
implemented with greater precision and efficiency. The reduction in
uncertainty could reduce not only the costs associated with
manufacturing ADS-equipped vehicles, but also the time it would take to
bring these vehicles to the market. An accelerated development timeline
would be a benefit both to manufacturers and consumers.

X. Regulatory Notices and Analyses

Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    NHTSA has considered the impacts of this rulemaking action under
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993), E.O. 13563, ``Improving Regulation and Regulatory Review,'' and
DOT regulatory requirements. This final rule is ``significant'' and was
reviewed by OMB. This action is significant because it raises novel
legal and policy issues surrounding the regulation of vehicles equipped
with ADS and is the subject of much public interest and has anticipated
annual economic impacts greater than $100 million. NHTSA has prepared a
Final Regulatory Impact Analysis (FRIA) for this final rule, which can
be found in the docket for this final rule. The cost savings of this
final rule are described in the preamble and discussed in greater
detail in the accompanying FRIA.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small

entities (i.e., small businesses, small organizations, and small
governmental jurisdictions). The Small Business Administration's
regulations at 13 CFR part 121 define a small business, in part, as a
business entity ``which operates primarily within the United States.''
(13 CFR 121.105(a)(1)). No regulatory flexibility analysis is required
if the head of an agency certifies the proposed or final rule will not
have a significant economic impact on a substantial number of small
entities. SBREFA amended the Regulatory Flexibility Act to require
Federal agencies to provide a statement of the factual basis for
certifying that a proposed or final rule will not have a significant
economic impact on a substantial number of small entities.
    I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This final rule
finalizes NHTSA's proposal of amendments to and clarifications of the
application of existing occupant protection standards to vehicles
equipped with ADS that also lack traditional manual controls. This
final rule will apply to small motor vehicle manufacturers who wish to
produce ADS without manual controls and with conventional seating
arrangements (i.e., forward-facing, front row seats). In the NPRM,
NHTSA analyzed current small manufacturers and current small ADS
developers in detail in the Preliminary Regulatory Impact Analysis
(PRIA) for the NPRM, and found that none of the entities listed in the
analysis would be impacted by this rulemaking. NHTSA received no
comments on this analysis. For the reasons discussed in the PRIA and
set forth in the FRIA, NHTSA concludes this rulemaking will not have a
significant economic impact on a substantial number of small entities.

Executive Order 13132 (Federalism)

    NHTSA has examined this final 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
the rulemaking will not have sufficient federalism implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. This final rule will 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 ``[c]ompliance 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 may be preserved. However, the Supreme Court has
recognized the possibility of implied preemption of such State common
law tort causes of action by virtue of NHTSA's rules--even if not
expressly preempted.
    This second way that NHTSA rules can preempt is dependent upon the
higher standard effectively imposed through a State common law tort
judgment against the manufacturer, notwithstanding the manufacturer's
compliance with the NHTSA standard, creating an obstacle to the
accomplishment and execution of that standard. 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 E.O. 13132, NHTSA has considered whether this final
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. Under the principles
enunciated in Geier it is possible that a rule of State tort law could
conflict with a NHTSA safety standard if it created an obstacle to the
accomplishment and execution of that standard. Since this final rule
translates existing occupant protection standards to vehicles equipped
with alternative cabin configurations that lack manual driving
controls, NHTSA does not currently foresee the likelihood of any such
tort requirements and does not have a basis for concluding that such a
conflict exists.
    NHTSA solicited comments from the States and other interested
parties on this assessment of issues relevant to E.O. 13132 in the
NPRM. While one commenter touched on the organization's general support
for the concept of federalism, it did not assert that the rulemaking
was anything but an appropriate balance between State and Federal
regulation.

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. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective sixty days after the date of
publication in the Federal Register.

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 final rule is discussed above in connection with
Executive Order 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.

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 final rule is not expected to have a disproportionate health
or safety impact on children. Consequently, no further analysis is
required under Executive Order 13045.

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. NHTSA has analyzed
this final rule under the policies and Agency responsibilities of
Executive Order 13609, and has determined this rule would have no
effect on international regulatory cooperation.

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 OMB control number. This final
rule imposes no new reporting requirements on any person.

National Technology Transfer and Advancement Act and 1 CFR Part 51

    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. The NTTAA directs us
to provide Congress, through OMB, explanations when we decide not to
use available and applicable voluntary consensus standards.
    Pursuant to the above requirements, the agency conducted a review
of voluntary consensus standards to determine if any were applicable to
this final rule. NHTSA searched for, but did not find, voluntary
consensus standards directly applicable to the amendments adopted in
this final rule. Neither is NHTSA aware of any international
regulations or Global Technical Regulation (GTR) activity addressing
the subject of this final rule.
    SAE Standard J826-1980 was previously approved for use in Sec.
571.208 and that approval continues unchanged.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
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). 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 does not contain a mandate that would impose costs
on any of the entities listed above of more than $100 million annually
(adjusted for inflation with base year of 1995). As a result, the
requirements of Section 202 of the Act do not apply.

National Environmental Policy Act

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

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 571

    Incorporation by Reference, Motor vehicles, Motor vehicle safety.

Regulatory Text

    In consideration of the foregoing, NHTSA amends 49 CFR part 571 as
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

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

0
2. Section 571.3 is amended in paragraph (b) by:
0
a. Adding in alphabetical order definitions for ``Driver air bag,''
``Driver dummy,'' ``Driver's designated seating position,'' and
``Manually operated driving controls'';
0
b. Revising the definition of ``Outboard designated seating position'';
and
0
c. Adding in alphabetical order definitions for ``Passenger seating
position,'' ``Row,'' ``Seat outline,'' and ``Steering control system''.
    The additions and revision read as follows:

Sec.  571.3   Definitions.

* * * * *
    (b) * * *
    Driver air bag means the air bag installed for the protection of
the occupant of the driver's designated seating position.
    Driver dummy means the test dummy positioned in the driver's
designated seating position.

    Driver's designated seating position means a designated seating
position providing immediate access to manually operated driving
controls. As used in this part, the terms ``driver's seating position''
and ``driver's seat'' shall have the same meaning as ``driver's
designated seating position.''
* * * * *
    Manually operated driving controls means a system of controls:
    (i) That are used by an occupant for real-time, sustained, manual
manipulation of the motor vehicle's heading (steering) and/or speed
(accelerator and brake); and
    (ii) That is positioned such that they can be used by an occupant,
regardless of whether the occupant is actively using the system to
manipulate the vehicle's motion.
* * * * *
    Outboard designated seating position means a designated seating
position where a longitudinal vertical plane tangent to the outboard
side of the seat cushion is less than 12 inches from the innermost
point on the inside surface of the vehicle at a height between the
design H-point and the shoulder reference point (as shown in fig. 1 of
Federal Motor Vehicle Safety Standard No. 210) and longitudinally
between the front and rear edges of the seat cushion. As used in this
part, the terms ``outboard seating position'' and ``outboard seat''
shall have the same meaning as ``outboard designated seating
position.''
* * * * *
    Passenger seating position means any designated seating position
other than the driver's designated seating position, except as noted
below. As used in this part, the term ``passenger seat'' shall have the
same meaning as ``passenger seating position.'' As used in this part,
``passenger seating position'' includes what was a ``driver's
designated seating position'' prior to stowing of the present manually
operated driving controls.
* * * * *
    Row means a set of one or more seats whose seat outlines do not
overlap with the seat outline of any other seats, when all seats are
adjusted to their rearmost normal riding or driving position, when
viewed from the side.
* * * * *
    Seat outline means the outer limits of a seat projected laterally
onto a vertical longitudinal vehicle plane.
* * * * *
    Steering control system means the manually operated driving control
used to control the vehicle heading and its associated trim hardware,
including any portion of a steering column assembly that provides
energy absorption upon impact. As used in this part, the term
``steering wheel'' and ``steering control'' shall have the same meaning
as ``steering control system.''
* * * * *

0
3. Amend Sec.  571.201 by revising paragraph S2, the definition of the
terms ``A-pillar,'' ``B-pillar,'' and ``Pillar'' in paragraph S3, and
revising paragraphs S5.1(b), S5.1.1(d), S5.1.2(a), S6.3(b), S8.6,
S8.20, and S8.24 to read as follows:

Sec.  571.201   Standard No. 201; Occupant protection in interior
impact.

* * * * *
    S2. Application. This standard applies to passenger cars and to
multipurpose passenger vehicles, trucks designed to carry at least one
person, and buses with a GVWR of 4,536 kilograms or less, except that
the requirements of S6 do not apply to buses with a GVWR of more than
3,860 kilograms.
    S3. * * *
    A-pillar means any pillar that is entirely forward of a transverse
vertical plane passing through the seating reference point of the
driver's designated seating position or, if there is no driver's
designated seating position, any pillar that is entirely forward of a
transverse vertical plane passing through the seating reference point
of the rearmost designated seating position in the front row of seats.
* * * * *
    B-pillar means the forwardmost pillar on each side of the vehicle
that is, in whole or in part, rearward of a transverse vertical plane
passing through the seating reference point of the driver's designated
seating position or, if there is no driver's designated seating
position, the forwardmost pillar on each side of the vehicle that is,
in whole or in part, rearward of a transverse vertical plane passing
through the seating reference point of the rearmost designated seating
position in the front row of seats, unless:
    (1) There is only one pillar rearward of that plane and it is also
a rearmost pillar; or
    (2) There is a door frame rearward of the A-pillar and forward of
any other pillar or rearmost pillar.
* * * * *
    Pillar means any structure, excluding glazing and the vertical
portion of door window frames, but including accompanying moldings,
attached components such as safety belt anchorages and coat hooks,
which:
    (1) If there is a driver's designated seating position, supports
either a roof or any other structure (such as a roll-bar) that is above
the driver's head, or if there is no driver's designated seating
position, supports either a roof or any other structure (such as a
roll-bar) that is above the occupant in the rearmost designated seating
position in the front row of seats, or
    (2) Is located along the side edge of a window.
* * * * *
    S5.1 * * *
    (b) A relative velocity of 19 kilometers per hour for vehicles that
meet the occupant crash protection requirements of S5.1 of 49 CFR
571.208 by means of inflatable restraint systems and meet the
requirements of S<IP_ADDRESS>(a)(3) by means of a Type 2 seat belt assembly
at any front passenger designated seating position, the deceleration of
the head form shall not exceed 80 g continuously for more than 3
milliseconds
    S5.1.1 * * *
    (d) If the steering control is present, areas outboard of any point
of tangency on the instrument panel of a 165 mm diameter head form
tangent to and inboard of a vertical longitudinal plane tangent to the
inboard edge of the steering control; or
* * * * *
    S5.1.2 * * *
    (a) The origin of the line tangent to the instrument panel surface
shall be a point on a transverse horizontal line through a point 125 mm
horizontally forward of the seating reference point of any front
outboard passenger designated seating position, displaced vertically an
amount equal to the rise which results from a 125 mm forward adjustment
of the seat or 19 mm; and
* * * * *
    S6.3 * * *
    (b) Any target located rearward of a vertical plane 600 mm behind
the seating reference point of the rearmost designated seating
position. For altered vehicles and vehicles built in two or more
stages, including ambulances and motor homes, any target located
rearward of a vertical plane 300 mm behind the seating reference point
of the driver's designated seating position or the rearmost designated
seating position in the front row of seats, if there is no driver's
designated seating position (tests for altered vehicles and vehicles
built in two or more stages do not include, within the time period for
measuring HIC(d), any free motion headform contact with components
rearward of this plane). If an altered vehicle or vehicle built in two
or more stages is equipped with a transverse

vertical partition positioned between the seating reference point of
the driver's designated seating position and a vertical plane 300 mm
behind the seating reference point of the driver's designated seating
position, any target located rearward of the vertical partition is
excluded.
* * * * *
    S8.6 Steering control and seats.
    (a) During targeting, the steering control and seats may be placed
in any position intended for use while the vehicle is in motion.
    (b) During testing, the steering control and seats may be removed
from the vehicle.
* * * * *
    S8.20 Adjustable steering controls--vehicle to pole test.
Adjustable steering controls shall be adjusted so that the steering
control hub is at the geometric center of the locus it describes when
it is moved through its full range of driving positions.
* * * * *
    S8.24 Impact reference line--vehicle to pole test. On the striking
side of the vehicle, place an impact reference line at the intersection
of the vehicle exterior and a transverse vertical plane passing through
the center of gravity of the head of the dummy seated in accordance
with S8.28, in any front outboard designated seating position.
* * * * *
0
4. Amend Sec.  571.203 by revising paragraph S2 and removing and
reserving S3.
    The revision reads as follows:

Sec.  571.203   Standard No. 203; Impact protection for the driver from
the steering control system.

* * * * *
    S2. Application. This standard applies to passenger cars and to
multipurpose passenger vehicles, trucks and buses with a gross vehicle
weight rating of 4,536 kg or less. However, it does not apply to
vehicles that conform to the frontal barrier crash requirements (S5.1)
of Standard No. 208 (49 CFR 571.208) by means of other than seat belt
assemblies. It also does not apply to walk-in vans or vehicles without
a steering control.
* * * * *

0
5. Amend Sec.  571.204 by revising paragraph S2 to read as follows:

Sec.  571.204   Standard No. 204; Steering control rearward
displacement.

* * * * *
    S2. Application. This standard applies to passenger cars and to
multipurpose passenger vehicles, trucks, and buses. However, it does
not apply to walk-in vans or vehicles without steering controls.
* * * * *
0
6. Amend Sec.  571.205 by revising paragraph S3(a) to read as follows:

Sec.  571.205   Standard No. 205, Glazing materials.

* * * * *
    S3. * * *
    (a) This standard applies to passenger cars, multipurpose passenger
vehicles, trucks designed to carry at least one person, buses,
motorcycles, slide-in campers, pickup covers designed to carry persons
while in motion and low speed vehicles, and to glazing materials for
use in those vehicles.
* * * * *

0
7. Amend Sec.  571.206 by revising paragraph S2, the definitions of
``Side Front Door'' and ``Side Rear Door'' in paragraph S3, and
paragraph S<IP_ADDRESS>(b)(1)(ii)(C) to read as follows:

Sec.  571.206   Standard No. 206; Door locks and door retention
components.

* * * * *
    S2. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks designed to carry at least one
person, and buses with a gross vehicle weight rating (GVWR) of 4,536 kg
or less.
    S3. * * *
    Side Front Door is a door that, in a side view, has 50 percent or
more of its opening area forward of the rearmost point on the driver's
seat back, when the seat back is adjusted to its most vertical and
rearward position. For vehicles without a driver's designated seating
position it is a door that in a side view, has 50 percent or more of
its opening area forward of the rearmost point on the most rearward
passenger's seat back in the front row of seats, when the seat backs
are adjusted to their most vertical and rearward position.
    Side Rear Door is a door that, in a side view, has 50 percent or
more of its opening area to the rear of the rearmost point on the
driver's seat back, when the driver's seat is adjusted to its most
vertical and rearward position. For vehicles without a driver's
designated seating position it is a door that in a side view, has 50
percent or more of its opening area rear of the rearmost point on the
most rearward passenger's seat back in the front row of seats, when the
seat backs are adjusted to their most vertical and rearward position.
* * * * *
    S<IP_ADDRESS> * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (C) Transverse Setup 1. Orient the vehicle so that its transverse
axis is aligned with the axis of the acceleration device, simulating a
left-side impact.
* * * * *

0
8. Amend Sec.  571.207 by revising paragraphs S2 and S4.1 to read as
follows:

Sec.  571.207   Standard No. 207; Seating systems.

* * * * *
    S2. Application. This standard applies to passenger cars,
multipurpose passenger vehicles, trucks designed to carry at least one
person, and buses.
* * * * *
    S4.1 Driver's seat. Each vehicle with manually operated driving
controls shall have a driver's designated seating position.
* * * * *

0
9. Amend Sec.  571.208 as follows:
0
a. Revise paragraph S3(a);
0
b. Add paragraphs S<IP_ADDRESS>, S.<IP_ADDRESS>.1, S<IP_ADDRESS>.2, S<IP_ADDRESS>.3,
S<IP_ADDRESS>.4, S<IP_ADDRESS>.5, S<IP_ADDRESS>.6;
0
c. Revise paragraphs S4.2 introductory text, S<IP_ADDRESS>(c),
S<IP_ADDRESS>(a)(2), and S<IP_ADDRESS>.1;
0
d. Add paragraph S<IP_ADDRESS>;
0
e. Revise the definition of ``Perimeter-seating bus'' in S4.4.1,
paragraphs S<IP_ADDRESS>.1, S<IP_ADDRESS>.2, S<IP_ADDRESS>.1, S<IP_ADDRESS>.2, S<IP_ADDRESS>.1,
S<IP_ADDRESS>.2 introductory text, S<IP_ADDRESS>.2(e), S4.5.1(c)(3), S4.5.1(e)(1)
introductory text, S4.5.1(e)(2) introductory text, S4.5.1 (e)(3)
introductory text, S4.5.1(f)(1), S4.11(d), and S<IP_ADDRESS>(a);
0
f. Redesignate paragraph S7.1.6 as paragraph S<IP_ADDRESS>; and
0
g. Revise paragraphs S8.1.4, S8.2.7(c), S10.2.1, S10.2.2, S10.3.1,
S10.3.2, S<IP_ADDRESS>, S<IP_ADDRESS>, S<IP_ADDRESS>, S10.5, S10.6.1, S10.6.2,
S10.7, S13.3, S16.2.9, S<IP_ADDRESS>, S<IP_ADDRESS>, and S<IP_ADDRESS>, the heading
for S16.2.10, and paragraphs S<IP_ADDRESS>, S<IP_ADDRESS>.4, S<IP_ADDRESS>.8,
S<IP_ADDRESS>.9, S<IP_ADDRESS>.2, S<IP_ADDRESS>.3, S<IP_ADDRESS>.4, S16.3.3, S<IP_ADDRESS>,
S<IP_ADDRESS>.2, S<IP_ADDRESS>.4, S<IP_ADDRESS>, S<IP_ADDRESS>, S16.3.4, S16.3.5,
S19.2.1, S19.2.2 introductory text, S19.2.2(d), S19.2.2(e), S19.2.2(g),
S19.2.2(h), S19.2.3, S19.3, S20.1.2, S20.2, S<IP_ADDRESS>, S<IP_ADDRESS>,
S20.3, S20.3.1, S20.3.2, S20.4.1, S20.4.4, S20.4.9, S21.2.1, S21.2.3,
S21.3, S21.4, S22.1.2, S22.1.3, S22.2, S<IP_ADDRESS>, S<IP_ADDRESS>, S22.2.2,
S<IP_ADDRESS>(a) and (b), S<IP_ADDRESS>(a) and (b), S<IP_ADDRESS>(a), S<IP_ADDRESS>(a),
S<IP_ADDRESS>(a) and (b), S<IP_ADDRESS>(a) and (b), S<IP_ADDRESS>(a) introductory
text, S<IP_ADDRESS>(a)(6), S22.3, S22.3.1, S22.3.2, S<IP_ADDRESS>, S<IP_ADDRESS>,
S<IP_ADDRESS>, S22.4.4, S22.5.1, S23.2.1, S23.2.3, S23.3, S23.4, S24.1.2,
S24.1.3, S24.2 introductory text, S24.2.3

introductory text, S24.2.3(a), S24.3, S24.3.1, S24.3.2, S<IP_ADDRESS>
introductory text, S<IP_ADDRESS>, S<IP_ADDRESS> introductory text, S24.4.4,
S26.2.1, S26.2.2, S<IP_ADDRESS>, S<IP_ADDRESS>, S26.2.5, S26.3.2, S26.3.3,
S<IP_ADDRESS>, S26.3.5, S26.3.6, S26.3.7, S27.5.2, S27.6.2, S28.2, and
S28.4;
    The revisions and additions read as follows:

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

* * * * *
    S3. Application. (a) This standard applies to passenger cars,
multipurpose passenger vehicles, trucks designed to carry at least one
person, and buses. In addition, S9, Pressure vessels and explosive
devices, applies to vessels designed to contain a pressurized fluid or
gas, and to explosive devices, for use in the above types of motor
vehicles as part of a system designed to provide protection to
occupants in the event of a crash.
* * * * *
    S<IP_ADDRESS> Inboard designated seating positions in passenger cars
without manually operated driving controls.
    S<IP_ADDRESS>.1 For vehicles specified in S<IP_ADDRESS> with no outboard
designated seating positions and with a single front inboard designated
seating position, the vehicle shall at that position meet the
requirements of S<IP_ADDRESS>.3 and S<IP_ADDRESS>.4. The above specified vehicles
with multiple front inboard designated seating position shall at one
inboard position meet the requirements S<IP_ADDRESS>.3 and S<IP_ADDRESS>.4 and at
all other inboard positions meet the requirements of S<IP_ADDRESS>.6.
    S<IP_ADDRESS>.2 For vehicles specified in S<IP_ADDRESS> with only one
outboard designated seating position and a single front inboard
designated seating position, the vehicle shall at that position meet
the requirements of S<IP_ADDRESS>.3 and S<IP_ADDRESS>.4. The above specified
vehicles with multiple front inboard designated seating position shall
at one inboard position meet the requirements of S<IP_ADDRESS>.3 and
S<IP_ADDRESS>.4 and at all other inboard positions meet the requirements of
S<IP_ADDRESS>.5.
    S<IP_ADDRESS>.3 As specified in S<IP_ADDRESS>.1 and S<IP_ADDRESS>.2, the vehicles
shall meet the frontal crash protection requirements of S5.1.2(b) as
specified for front outboard passenger designated seating positions by
means of an inflatable restraint system that requires no action by
vehicle occupants and the requirements of S14, as specified for front
outboard passenger designated seating positions.
    S<IP_ADDRESS>.4 As specified in S<IP_ADDRESS>.1 and S<IP_ADDRESS>.2, the
designated seating positions have a Type 2 seat belt assembly that
conforms to Standard No. 209 and S7.1 through S7.3 of this standard, as
specified for front outboard passenger designated seating positions.
    S<IP_ADDRESS>.5 As specified in S<IP_ADDRESS>.1 and S<IP_ADDRESS>.2, as
appropriate, have a Type 1 or Type 2 seat belt assembly that conforms
to Standard No. 209 and S7.1 through S7.3 of this standard.
    S<IP_ADDRESS>.6 As specified in S<IP_ADDRESS>.1 and S<IP_ADDRESS>.2, as
appropriate, have a Type 2 seat belt assembly that conforms to Standard
No. 209 and S7.1 through S7.3 of this standard, as specified for front
outboard passenger designated seating positions.
* * * * *
    S4.2 Trucks and multipurpose passenger vehicles with a GVWR of
10,000 pounds or less. As used in this section, vehicles manufactured
for operation by persons with disabilities means vehicles that
incorporate a level change device (e.g., a wheelchair lift or a ramp)
for onloading or offloading an occupant in a wheelchair, an interior
element of design intended to provide the vertical clearance necessary
to permit a person in a wheelchair to move between the lift or ramp and
the driver's position or to occupy that position, and either an
adaptive control or special driver's seating accommodation to enable
persons who have limited use of their arms or legs to operate a
vehicle. For purposes of this definition, special driver's seating
accommodations include a driver's seat easily removable with means
installed for that purpose or with simple tools, or a driver's seat
with extended adjustment capability to allow a person to easily
transfer from a wheelchair to the driver's seat.
* * * * *
    S<IP_ADDRESS> * * *
    (c) Each truck, bus, and multipurpose passenger vehicle with a GVWR
of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds
or less manufactured on or after September 1, 1995, but before
September 1, 1998, whose driver's seating position complies with the
requirements of S<IP_ADDRESS>(a) of this standard by means not including any
type of seat belt and whose right front passenger seating position is
equipped with a manual Type 2 seat belt that complies with S5.1 of this
standard, with the seat belt assembly adjusted in accordance with
S7.4.2, shall be counted as a vehicle complying with S<IP_ADDRESS>.
    S<IP_ADDRESS> * * *
    (a) * * *
    (2) Each truck, bus, and multipurpose passenger vehicle with a GVWR
of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds
or less whose driver's seating position complies with the requirements
of S<IP_ADDRESS>(a) by means not including any type of seat belt and whose
right front passenger seating position is equipped with a manual Type 2
seat belt that complies with S5.1 of this standard, with the seat belt
assembly adjusted in accordance with S7.4.2, is counted as one vehicle.
* * * * *
    S<IP_ADDRESS>.1 The amount of trucks, buses, and multipurpose passenger
vehicles complying with the requirements of S<IP_ADDRESS>(a)(1) of this
standard by means of an inflatable restraint system shall be not less
than 80 percent of the manufacturer's total combined production of
subject vehicles manufactured on or after September 1, 1997 and before
September 1, 1998. Each truck, bus, or multipurpose passenger vehicle
with a GVWR of 8,500 pounds or less and an unloaded vehicle weight of
5,500 pounds or less manufactured on or after September 1, 1997 and
before September 1, 1998, whose driver's seating position complies with
S<IP_ADDRESS>(a)(1) by means of an inflatable restraint system and whose
right front passenger seating position is equipped with a manual Type 2
seat belt assembly that complies with S5.1 of this standard, with the
seat belt assembly adjusted in accordance with S7.4.2 of this standard,
shall be counted as a vehicle complying with S<IP_ADDRESS>(a)(1) by means of
an inflatable restraint system. A vehicle shall not be deemed to be in
noncompliance with this standard if its manufacturer establishes that
it did not have reason to know in the exercise of due care that such
vehicle is not in conformity with the requirement of this standard.
* * * * *
    S<IP_ADDRESS> Inboard designated seating positions in trucks, buses, and
multipurpose passenger vehicles without manually operated driving
controls and with a single or multiple front inboard designated seating
position and no outboard seating positions and with a GVWR of 3,855 kg
(8,500 lb) or less and an unloaded vehicle weight of 2,495 kg (5,500
lb) or less. The above specified vehicles shall meet the requirements
of S<IP_ADDRESS> as specified for passenger cars.
* * * * *
    S4.4.1 * * *
    Perimeter-seating bus means a bus, which is not an over-the-road
bus, that has 7 or fewer designated seating positions that are forward-
facing or can convert to forward-facing without the use of tools, and
are rearward of the driver's designated seating position or

rearward of the outboard designated seating position(s) in the front
row of seats, if there is no driver's designated seating position.
* * * * *
    S<IP_ADDRESS>.1 The driver's designated seating position and any
outboard designated seating position not rearward of the driver's
seating position shall be equipped with a Type 2 seat belt assembly.
For a school bus without a driver's designated seating position, the
outboard designated seating positions in the front row of seats shall
be equipped with Type 2 seat belt assemblies. The seat belt assembly
shall comply with Standard No. 209 (49 CFR 571.209) and with S7.1 and
S7.2 of this standard. The lap belt portion of the seat belt assembly
shall include either an emergency locking retractor or an automatic
locking retractor. An automatic locking retractor shall not retract
webbing to the next locking position until at least \3/4\ inch of
webbing has moved into the retractor. In determining whether an
automatic locking retractor complies with this requirement, the webbing
is extended to 75 percent of its length and the retractor is locked
after the initial adjustment. If the seat belt assembly installed in
compliance with this requirement incorporates any webbing tension-
relieving device, the vehicle owner's manual shall include the
information specified in S7.4.2(b) of this standard for the tension-
relieving device, and the vehicle shall comply with S7.4.2(c) of this
standard.
    S<IP_ADDRESS>.2 Passenger seating positions, other than those specified
in S<IP_ADDRESS>.1, shall be equipped with Type 2 seat belt assemblies that
comply with the requirements of S<IP_ADDRESS>, S7.1.5 and S7.2 of this
standard.
* * * * *
    S<IP_ADDRESS>.1 First option--complete passenger protection system--
driver only. The vehicle shall meet the crash protection requirements
of S5, with respect to an anthropomorphic test dummy in the driver's
designated seating position, by means that require no action by vehicle
occupants.
    S<IP_ADDRESS>.2 Second option--belt system. The vehicle shall, at the
driver's designated seating position and all designated seating
positions in the front row of seats, if there is no driver's designated
seating position, be equipped with either a Type 1 or a Type 2 seat
belt assembly that conforms to Sec.  571.209 of this part and S7.2 of
this Standard. A Type 1 belt assembly or the pelvic portion of a dual
retractor Type 2 belt assembly installed at these seating positions
shall include either an emergency locking retractor or an automatic
locking retractor. If a seat belt assembly includes an automatic
locking retractor for the lap belt or the lap belt portion, that seat
belt assembly shall comply with the following:
* * * * *
    S<IP_ADDRESS>.1 The driver's designated seating position and any
outboard designated seating position not rearward of the driver's
seating position shall be equipped with a Type 2 seat belt assembly.
The seat belt assembly shall comply with Standard No. 209 (49 CFR
571.209) and with S7.1 and S7.2 of this standard. For a bus without a
driver's designated seating position, any outboard designated seating
position in the front row of seats, shall be equipped with Type 2 seat
belt assemblies. If a seat belt assembly installed in compliance with
this requirement includes an automatic locking retractor for the lap
belt portion, that seat belt assembly shall comply with paragraphs (a)
through (c) of S<IP_ADDRESS>.2 of this standard. If a seat belt assembly
installed in compliance with this requirement incorporates any webbing
tension-relieving device, the vehicle owner's manual shall include the
information specified in S7.4.2(b) of this standard for the tension-
relieving device, and the vehicle shall comply with S7.4.2(c) of this
standard.
    S<IP_ADDRESS>.2 Passenger seating positions, other than those specified
in S<IP_ADDRESS>.1 and seating positions on prison buses rearward of the
driver's seating position, shall:
* * * * *
    (e) Comply with the requirements of S<IP_ADDRESS>, S<IP_ADDRESS>, S7.1.3, and
S7.2 of this standard.
* * * * *
    S4.5.1 * * *
    (c) * * *
    (3) If a vehicle does not have an inflatable restraint at any front
seating position other than that for the driver's designated seating
position, the pictogram may be omitted from the label shown in Figure
6c.
* * * * *
    (e) * * *
    (1) Except as provided in S4.5.1(e)(2) or S4.5.1(e)(3), each
vehicle that is equipped with an inflatable restraint for the passenger
position shall have a label attached to a location on the dashboard or
the steering control hub that is clearly visible from all front seating
positions. The label need not be permanently affixed to the vehicle.
This label shall conform in content to the label shown in Figure 7 of
this standard, and shall comply with the requirements of
S4.5.1(e)(1)(i) through S4.5.1(e)(1)(iii).
* * * * *
    (2) Vehicles certified to meet the requirements specified in S19,
S21, and S23 before December 1, 2003, that are equipped with an
inflatable restraint for the passenger position shall have a label
attached to a location on the dashboard or the steering control hub
that is clearly visible from all front seating positions. The label
need not be permanently affixed to the vehicle. This label shall
conform in content to the label shown in either Figure 9 or Figure 12
of this standard, at manufacturer's option, and shall comply with the
requirements of S4.5.1(e)(2)(i) through S4.5.1(e)(2)(iv).
* * * * *
    (3) Vehicles certified to meet the requirements specified in S19,
S21, and S23 on or after December 1, 2003, that are equipped with an
inflatable restraint for the passenger position shall have a label
attached to a location on the dashboard or the steering control hub
that is clearly visible from all front seating positions. The label
need not be permanently affixed to the vehicle. This label shall
conform in content to the label shown in Figure 12 of this standard and
shall comply with the requirements of S4.5.1(e)(3)(i) through
S4.5.1(e)(3)(iv).
* * * * *
    (f) Information to appear in owner's manual. (1) The owner's manual
for any vehicle equipped with an inflatable restraint system shall
include an accurate description of the vehicle's air bag system in an
easily understandable format. The owner's manual shall include a
statement to the effect that the vehicle is equipped with an air bag
and lap/shoulder belt at both front outboard seating positions, and
that the air bag is a supplemental restraint at those seating
positions. The information shall emphasize that all occupants should
always wear their seat belts whether or not an air bag is also provided
at their seating position to minimize the risk of severe injury or
death in the event of a crash. The owner's manual shall also provide
any necessary precautions regarding the proper positioning of
occupants, including children, at seating positions equipped with air
bags to ensure maximum safety protection for those occupants. The
owner's manual shall also explain that no objects should be placed over
or near the air bag on the instrument panel, because any such objects
could cause harm if the vehicle is in a crash severe enough to cause
the air bag to inflate.
* * * * *
    S4.11 * * *
    (d) For driver dummy low risk deployment tests, the injury criteria
shall be met when calculated based on

data recorded for 125 milliseconds after the initiation of the final
stage of air bag deployment designed to deploy in any full frontal
rigid barrier crash up to 26 km/h (16 mph).
* * * * *
    S<IP_ADDRESS> * * *
    (a) Each designated seating position, except the driver's
designated seating position, and except any right front seating
position that is equipped with an automatic belt, that is in any motor
vehicle, except walk-in van-type vehicles and vehicles manufactured to
be sold exclusively to the U.S. Postal Service, and that is forward-
facing or can be adjusted to be forward-facing, shall have a seat belt
assembly whose lap belt portion is lockable so that the seat belt
assembly can be used to tightly secure a child restraint system. The
means provided to lock the lap belt or lap belt portion of the seat
belt assembly shall not consist of any device that must be attached by
the vehicle user to the seat belt webbing, retractor, or any other part
of the vehicle. Additionally, the means provided to lock the lap belt
or lap belt portion of the seat belt assembly shall not require any
inverting, twisting or otherwise deforming of the belt webbing.
* * * * *
    S8.1.4 Adjustable steering controls are adjusted so that the
steering control hub is at the geometric center of the locus it
describes when it is moved through its full range of driving positions.
* * * * *
    S8.2.7 * * *
    (c) A vertical plane through the geometric center of the barrier
impact surface and perpendicular to that surface passes through the
driver's seating position seating reference point in the tested
vehicle.
* * * * *
    S10.2.1 The driver dummy's upper arms shall be adjacent to the
torso with the centerlines as close to a vertical plane as possible.
    S10.2.2 Any front outboard passenger dummy's upper arms shall be in
contact with the seat back and the sides of the torso.
* * * * *
    S10.3.1 The palms of the driver dummy shall be in contact with the
outer part of the steering control rim at the rim's horizontal
centerline. The thumbs shall be over the steering control rim and shall
be lightly taped to the steering control rim so that if the hand of the
test dummy is pushed upward by a force of not less than 2 pounds and
not more than 5 pounds, the tape shall release the hand from the
steering control rim.
    S10.3.2 The palms of any passenger test dummy shall be in contact
with the outside of the thigh. The little finger shall be in contact
with the seat cushion.
* * * * *
    S<IP_ADDRESS> In vehicles equipped with bench seats, the upper torso of
the driver and front outboard passenger dummies shall rest against the
seat back. The midsagittal plane of the driver dummy shall be vertical
and parallel to the vehicle's longitudinal centerline, and pass through
the center of rotation of the steering control. The midsagittal plane
of any passenger dummy shall be vertical and parallel to the vehicle's
longitudinal centerline and the same distance from the vehicle's
longitudinal centerline as the midsagittal plane of the driver dummy,
if there is a driver's seating position. If there is no driver's
seating position, the midsagittal plane of any front outboard passenger
dummy shall be vertical and parallel to the vehicle's longitudinal
centerline, and pass through the seating reference point of the seat
that it occupies.
    S<IP_ADDRESS> In vehicles equipped with bucket seats, the upper torso
of the driver and passenger dummies shall rest against the seat back.
The midsagittal plane of the driver and any front outboard passenger
dummy shall be vertical and shall coincide with the longitudinal
centerline of the bucket seat.
* * * * *
    S<IP_ADDRESS> H-point. The H-points of the driver and any front
outboard passenger test dummies shall coincide within \1/2\ inch in the
vertical dimension and \1/2\ inch in the horizontal dimension of a
point \1/4\ inch below the position of the H-point determined by using
the equipment and procedures specified in SAE Standard J826-1980
(incorporated by reference, see Sec.  571.5), except that the length of
the lower leg and thigh segments of the H-point machine shall be
adjusted to 16.3 and 15.8 inches, respectively, instead of the 50th
percentile values specified in Table 1 of SAE Standard J826-1980.
* * * * *
    S10.5 Legs. The upper legs of the driver and any front outboard
passenger test dummies shall rest against the seat cushion to the
extent permitted by placement of the feet. The initial distance between
the outboard knee clevis flange surfaces shall be 10.6 inches. To the
extent practicable, the left leg of the driver dummy and both legs of
any front outboard passenger dummy shall be in vertical longitudinal
planes. To the extent practicable, the right leg of the driver dummy
shall be in a vertical plane. Final adjustment to accommodate the
placement of feet in accordance with S10.6 for various passenger
compartment configurations is permitted.
* * * * *
    S10.6.1 Driver dummy position.
* * * * *
    S10.6.2 Front outboard passenger dummy position.
* * * * *
    S10.7 Test dummy positioning for latchplate access. The reach
envelopes specified in S7.4.4 of this standard are obtained by
positioning a test dummy in the driver's or front outboard passenger
seating position and adjusting that seating position to its forwardmost
adjustment position. Attach the lines for the inboard and outboard arms
to the test dummy as described in Figure 3 of this standard. Extend
each line backward and outboard to generate the compliance arcs of the
outboard reach envelope of the test dummy's arms.
* * * * *
    S13.3 Vehicle test attitude. When the vehicle is in its ``as
delivered'' condition, measure the angle between the left side door
sill and the horizontal. Mark where the angle is taken on the door
sill. The ``as delivered'' condition is the vehicle as received at the
test site, with 100 percent of all fluid capacities and all tires
inflated to the manufacturer's specifications as listed on the
vehicle's tire placard. When the vehicle is in its ``fully loaded''
condition, measure the angle between the left side door sill and the
horizontal, at the same place the ``as delivered'' angle was measured.
The ``fully loaded'' condition is the test vehicle loaded in accordance
with S8.1.1(a) or (b) of Standard No. 208, as applicable. The load
placed in the cargo area shall be centered over the longitudinal
centerline of the vehicle. The pretest door sill angle, when the
vehicle is on the sled, (measured at the same location as the as
delivered and fully loaded condition) shall be equal to or between the
as delivered and fully loaded door sill angle measurements.
* * * * *
    S16.2.9 Steering control adjustment.
    S<IP_ADDRESS> Adjust a tiltable steering control, if possible, so that
the steering control hub is at the geometric center of its full range
of driving positions.
    S<IP_ADDRESS> If there is no setting detent at the mid-position, lower
the steering control to the detent just below the mid-position.
    S<IP_ADDRESS> If the steering column is telescoping, place the steering
column

in the mid-position. If there is no mid-position, move the steering
control rearward one position from the mid-position.
    S16.2.10 Front seat set-up.
* * * * *
    S<IP_ADDRESS> Seat position adjustment. If the front right outboard
passenger seat does not adjust independently of the front left outboard
seat, the front left outboard seat shall control the final position of
the front right outboard passenger seat. If an inboard passenger seat
does not adjust independently of an outboard seat, the outboard seat
shall control the final position of the inboard passenger seat.
* * * * *
    S<IP_ADDRESS>.4 Bench seats. Position the midsagittal plane of the
dummy vertical and parallel to the vehicle's longitudinal centerline
and aligned within 10 mm (0.4 in) of the center
of the steering control.
* * * * *
    S<IP_ADDRESS>.8 If needed, extend the legs slightly so that the feet
are not in contact with the floor pan. Let the thighs rest on the seat
cushion to the extent permitted by the foot movement. Keeping the leg
and the thigh in a vertical plane, place the foot in the vertical
longitudinal plane that passes through the centerline of the
accelerator pedal. Rotate the left thigh outboard about the hip until
the center of the knee is the same distance from the midsagittal plane
of the dummy as the right knee 5 mm (0.2 in).
Using only the control that primarily moves the seat fore and aft,
attempt to return the seat to the full forward position. If either of
the dummy's legs first contacts the steering control, then adjust the
steering control, if adjustable, upward until contact with the steering
control is avoided. If the steering control is not adjustable, separate
the knees enough to avoid steering control contact. Proceed with moving
the seat forward until either the leg contacts the vehicle interior or
the seat reaches the full forward position. (The right foot may contact
and depress the accelerator and/or change the angle of the foot with
respect to the leg during seat movement.) If necessary to avoid contact
with the vehicles brake or clutch pedal, rotate the test dummy's left
foot about the leg. If there is still interference, rotate the left
thigh outboard about the hip the minimum distance necessary to avoid
pedal interference. If a dummy leg contacts the vehicle interior before
the full forward position is attained, position the seat at the next
detent where there is no contact. If the seat is a power seat, move the
seat fore and aft to avoid contact while assuring that there is a
maximum of 5 mm (0.2 in) distance between the vehicle interior and the
point on the dummy that would first contact the vehicle interior. If
the steering control was moved, return it to the position described in
S16.2.9. If the steering control contacts the dummy's leg(s) prior to
attaining this position, adjust it to the next higher detent, or if
infinitely adjustable, until there is 5 mm (0.2 in) clearance between
the control and the dummy's leg(s).
    S<IP_ADDRESS>.9 For vehicles without adjustable seat backs, adjust the
lower neck bracket to level the head as much as possible. For vehicles
with adjustable seat backs, while holding the thighs in place, rotate
the seat back forward until the transverse instrumentation platform of
the head is level to within 0.5 degree, making sure that
the pelvis does not interfere with the seat bight. Inspect the abdomen
to ensure that it is properly installed. If the torso contacts the
steering control, adjust the steering control in the following order
until there is no contact: Telescoping adjustment, lowering adjustment,
raising adjustment. If the vehicle has no adjustments, or contact with
the steering control cannot be eliminated by adjustment, position the
seat at the next detent where there is no contact with the steering
control as adjusted in S16.2.9. If the seat is a power seat, position
the seat to avoid contact while assuring that there is a maximum of 5
mm (0.2 in) distance between the steering control as adjusted in
S16.2.9 and the point of contact on the dummy.
* * * * *
    S<IP_ADDRESS>.2 Place the palms of the dummy in contact with the outer
part of the steering control rim at its horizontal centerline with the
thumbs over the steering control rim.
    S<IP_ADDRESS>.3 If it is not possible to position the thumbs inside the
steering control rim at its horizontal centerline, then position them
above and as close to the horizontal centerline of the steering control
rim as possible.
    S<IP_ADDRESS>.4 Lightly tape the hands to the steering control rim so
that if the hand of the test dummy is pushed upward by a force of not
less than 9 N (2 lb) and not more than 22 N (5 lb), the tape releases
the hand from the steering control rim.
    S16.3.3 Front outboard passenger dummy positioning.
    S<IP_ADDRESS> Front outboard passenger torso/head/seat back angle
positioning.
* * * * *
    S<IP_ADDRESS>.2 Fully recline the seat back, if adjustable. Install the
dummy into any front outboard passenger seat, such that when the legs
are 120 degrees to the thighs, the calves of the legs are not touching
the seat cushion.
* * * * *
    S<IP_ADDRESS>.4 Bench seats. Position the midsagittal plane of the
dummy vertical and parallel to the vehicle's longitudinal centerline
and the same distance from the vehicle's longitudinal centerline,
within 10 mm (0.4 in), as the midsagittal plane
of the driver dummy, if there is a driver's seating position.
Otherwise, the midsagittal plane of any front outboard passenger dummy
shall be vertical, parallel to the vehicle's longitudinal centerline,
and pass, within 10 mm (0.4 in), through the
seating reference point of the seat that it occupies.
* * * * *
    S<IP_ADDRESS> Front outboard passenger foot positioning.
* * * * *
    S<IP_ADDRESS> Front outboard passenger arm/hand positioning.
* * * * *
    S16.3.4 Driver and front outboard passenger adjustable head
restraints.
* * * * *
    S16.3.5 Driver and front outboard passenger manual belt adjustment
(for tests conducted with a belted dummy)
* * * * *
    S19.2.1 The vehicle shall be equipped with an automatic suppression
feature for any front outboard passenger air bag which results in
deactivation of the air bag during each of the static tests specified
in S20.2 (using the 49 CFR part 572 Subpart R 12-month-old CRABI child
dummy in any of the child restraints identified in sections B and C of
appendix A or A-1 of this standard, as appropriate and the 49 CFR part
572 subpart K Newborn Infant dummy in any of the car beds identified in
section A of appendix A or A-1, as appropriate), and activation of the
air bag system during each of the static tests specified in S20.3
(using the 49 CFR part 572 Subpart O 5th percentile adult female
dummy).
    S19.2.2 The vehicle shall be equipped with telltales for each front
outboard passenger seat which emit light whenever the associated front
outboard passenger air bag system is deactivated and does not emit
light whenever the associated front outboard passenger air bag system
is activated, except that the telltale(s) need not illuminate when the
associated front outboard passenger seat is unoccupied. For telltales
associated with multiple front outboard passenger seats, it shall

be clearly recognizable to a driver and any front outboard passenger
the seat with which seat each telltale is associated. Each telltale:
* * * * *
    (d) Shall be located within the interior of the vehicle and forward
of and above the design H-point of both the driver's and any front
outboard passenger's seat in their forwardmost seating positions and
shall not be located on or adjacent to a surface that can be used for
temporary or permanent storage of objects that could obscure the
telltale from either the driver's or any-front outboard passenger's
view, or located where the telltale would be obscured from the driver's
view or the adjacent front outboard passenger's view if a rear-facing
child restraint listed in appendix A or A-1, as appropriate, is
installed in any-front outboard passenger's seat.
    (e) Shall be visible and recognizable to a driver and any front
outboard passenger during night and day when the occupants have adapted
to the ambient light roadway conditions.
* * * * *
    (g) Means shall be provided for making telltales visible and
recognizable to the driver and any front outboard passenger under all
driving conditions. The means for providing the required visibility may
be adjustable manually or automatically, except that the telltales may
not be adjustable under any driving conditions to a level that they
become invisible or not recognizable to the driver and any front
outboard passenger.
    (h) The telltale must not emit light except when any passenger air
bag is turned off or during a bulb check upon vehicle starting.
    S19.2.3 The vehicle shall be equipped with a mechanism that
indicates whether the air bag system is suppressed, regardless of
whether any front outboard passenger seat is occupied. The mechanism
need not be located in the occupant compartment unless it is the
telltale described in S19.2.2.
    S19.3 Option 2--Low risk deployment. Each vehicle shall meet the
injury criteria specified in S19.4 of this standard when any front
outboard passenger air bag is deployed in accordance with the
procedures specified in S20.4.
* * * * *
    S20.1.2 Unless otherwise specified, each vehicle certified to this
option shall comply in tests conducted with any front outboard
passenger seating position, if adjustable fore and aft, at full
rearward, middle, and full forward positions. If the child restraint or
dummy contacts the vehicle interior, move the seat rearward to the next
detent that provides clearance, or if the seat is a power seat, using
only the control that primarily moves the seat fore and aft, move the
seat rearward while assuring that there is a maximum of 5 mm (0.2 in)
clearance between the dummy or child restraint and the vehicle
interior.
* * * * *
    S20.2 Static tests of automatic suppression feature which shall
result in deactivation of any front outboard passenger air bag,
associated with that designated seating position. Each vehicle that is
certified as complying with S19.2 shall meet the following test
requirements.
* * * * *
    S<IP_ADDRESS> For bucket seats, ``Plane B'' refers to a vertical plane
parallel to the vehicle longitudinal centerline through the
longitudinal centerline of any front outboard passenger vehicle seat
cushion. For bench seats in vehicles with manually operated driving
controls, ``Plane B'' refers to a vertical plane through any front
outboard passenger vehicle seat parallel to the vehicle longitudinal
centerline the same distance from the longitudinal centerline of the
vehicle as the center of the steering control. For bench seats in
vehicles without manually operated driving controls, ``Plane B'' refers
to the vertical plane parallel to the vehicle longitudinal centerline,
through any front outboard passenger seat's SgRP.
* * * * *
    S<IP_ADDRESS> For bucket seats, ``Plane B'' refers to a vertical plane
parallel to the vehicle longitudinal centerline through the
longitudinal centerline of any front outboard passenger vehicle seat
cushion. For bench seats in vehicles with manually operated driving
controls, ``Plane B'' refers to a vertical plane through any front
outboard passenger seat parallel to the vehicle longitudinal centerline
the same distance from the longitudinal centerline of the vehicle as
the center of the steering control. For bench seats in vehicles without
manually operated driving controls, ``Plane B'' refers to the vertical
plane parallel to the vehicle longitudinal centerline, through any
front outboard passenger seat's SgRP.
* * * * *
    S20.3 Static tests of automatic suppression feature which shall
result in activation of any front outboard passenger air bag system.
    S20.3.1 Each vehicle certified to this option shall comply in tests
conducted with any front outboard passenger seating position, if
adjustable fore and aft, at the mid-height, in the full rearward and
middle positions determined in S<IP_ADDRESS>, and the forward position
determined in S<IP_ADDRESS>.8.
    S20.3.2 Place a 49 CFR part 572 subpart O 5th percentile adult
female test dummy at any front outboard passenger seating position of
the vehicle, in accordance with procedures specified in S16.3.3 of this
standard, except as specified in S20.3.1, subject to the fore-aft seat
positions in S20.3.1. Do not fasten the seat belt.
* * * * *
    S20.4.1 Position any front outboard passenger vehicle seat at the
mid-height in the full forward position determined in S<IP_ADDRESS>, and
adjust the seat back (if adjustable independent of the seat) to the
nominal design position for a 50th percentile adult male as specified
in S8.1.3. Position adjustable lumbar supports so that the lumbar
support is in its lowest, retracted or deflated adjustment position.
Position any adjustable parts of the seat that provide additional
support so that they are in the lowest or most open adjustment
position. If adjustable, set the head restraint at the full down and
most forward position. If the child restraint or dummy contacts the
vehicle interior, do the following: Using only the control that
primarily moves the seat in the fore and aft direction, move the seat
rearward to the next detent that provides clearance; or if the seat is
a power seat, move the seat rearward while assuring that there is a
maximum of 5 mm (0.2 in) clearance.
* * * * *
    S20.4.4 For bucket seats, ``Plane B'' refers to a vertical plane
parallel to the vehicle longitudinal centerline through the
longitudinal centerline of any front outboard passenger seat cushion.
For bench seats in vehicles with manually operated driving controls,
``Plane B'' refers to a vertical plane through any front outboard
passenger seat parallel to the vehicle longitudinal centerline that is
the same distance from the longitudinal centerline of the vehicle as
the center of the steering control. For bench seats in vehicles without
manually operated driving controls, ``Plane B'' refers to the vertical
plane parallel to the vehicle longitudinal centerline, through any
front outboard passenger seat's SgRP.
* * * * *
    S20.4.9 Deploy any front outboard passenger frontal air bag system.
If the air bag system contains a multistage inflator, the vehicle shall
be able to comply at any stage or combination of stages or time delay
between successive

stages that could occur in the presence of an infant in a rear facing
child restraint and a 49 CFR part 572, subpart R 12-month-old CRABI
dummy positioned according to S20.4, and also with the seat at the mid-
height, in the middle and full rearward positions determined in
S<IP_ADDRESS>, in a rigid barrier crash test at speeds up to 64 km/h (40
mph).
* * * * *
    S21.2.1 The vehicle shall be equipped with an automatic suppression
feature for any front outboard passenger air bag which results in
deactivation of the air bag during each of the static tests specified
in S22.2 (using the 49 CFR part 572 subpart P 3-year-old child dummy
and, as applicable, any child restraint specified in section C and
section D of appendix A or A-1 of this standard, as appropriate), and
activation of the air bag system during each of the static tests
specified in S22.3 (using the 49 CFR part 572 subpart O 5th percentile
adult female dummy).
* * * * *
    S21.2.3 The vehicle shall be equipped with a mechanism that
indicates whether the air bag is suppressed, regardless of whether any
front outboard passenger seat is occupied. The mechanism need not be
located in the occupant compartment unless it is the telltale described
in S21.2.2.
    S21.3 Option 2--Dynamic automatic suppression system that
suppresses the air bag when an occupant is out of position. (This
option is available under the conditions set forth in S27.1.) The