[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31966-31967]
[FR Doc No: 2015-13600]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0031; Notice 1]

BMW of North America, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Receipt of petition.

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SUMMARY: BMW of North America, LLC (BMW), a subsidiary of BMW AG in
Munich, Germany, has determined that certain model year (MY) 2014-2015
BMW R nineT motorcycles do not fully comply with paragraph S6.4.3(a)
(Table V-b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 108,
Lamps, Reflective Devices and Associated Equipment. BMW has filed an
appropriate report dated February 20, 2015, pursuant to 49 CFR part
573, Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is July 6, 2015.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are

provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at  http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. BMW's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), BMW submitted a petition for an
exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    This notice of receipt of BMW's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Motorcycles Involved: Affected are approximately 1,792 MY 2014-
2015 BMW R nineT motorcycles manufactured between November 27, 2013 and
January 26, 2015.
    III. Noncompliance: BMW explains that the noncompliance is that the
rear turn signal lamps were manufactured with a corner point of
5[ordm]IB. The turn signal lamps should have had a corner point of
20[ordm]IB as required by paragraph S6.4.3(a)(Table V-b) of FMVSS No.
108.
    IV. Rule Text: Paragraph S6.4.3(a) of FMVSS No. 108 requires in
pertinent part:

    S6.4.3 Visibility Options. A manufacturer must certify
compliance of each lamp function to one of the following visibility
requirement options, and it may not thereafter choose a different
option for that vehicle . . .
    (a) Lens area options. When a vehicle is equipped with any lamp
listed in Table V-b each such lamp must provide not less than 1250
sq mm of unobstructed effective projected luminous lens area in any
direction throughout the pattern defined by the corner points
specified in Table V-b for each such lamp;

    V. Summary of BMW's Analyses: BMW stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
    (A) BMW states that when the subject motorcycles are upright on a
level surface and equipped with standard tires at their recommended
cold tire inflation pressure; the lower edge of the rear turn signal
lenses are approximately 747 mm above ground, the lower edge of the
tail lamp lens is approximately 710 mm above ground and the tail lamp
lens extend upward. BMW believes that due to these geometric conditions
there is some overlap in the vertical direction between the rear turn
signal lenses and the tail lamp lens however, they are not aligned
along the same longitudinal centerline [of the turn signals].
Specifically, the tail lamp is on the motorcycle's longitudinal
centerline while the rear turn signals are on stalks offset from the
centerline. As a result, BMW believes that this has a very minor affect
upon the effective projected luminous lens area.
    (B) BMW stated its belief that the obstruction from the tail lamp
only occurs if another road user in a following vehicle has an eye-
point of approximately 747 mm above ground (extremely low for an
average vehicle) and is a worst-case-scenario. For other road users
with a higher eye-point, there is no apparent obstruction and the turn
signal would appear to meet the requirements of FMVSS No. 108.
    (C) BMW also stated its belief that the effect of the
noncompliance, i.e., the overlap or interference of the turn signal
lamp by the tail lamp does not occur during critical traffic
conditions. A road user, who is following an affected motorcycle, and
in the same lane as an affected motorcycle, will be able to fully view
an affected motorcycle's rear turn signal at a distance of
approximately 1,935 mm (approximately 6 ft). BMW believes that in most
traffic conditions, a road user would not want to be closer to a
motorcycle than 6 ft. Thus, this ``non-visible'' rear turn signal
condition is not likely to occur during the vast majority of traffic
conditions. BMW provided detailed analysis of specific travel
conditions including following directly behind an affected motorcycle
and overtaking/passing an affected motorcycle that it believes supports
its conclusion that the condition caused by the subject noncompliance
will not interfere with the safety of the motorcycle rider or another
road user.
    (D) BMW Customer Relations has not received any contacts from
motorcycle riders, or other road users regarding this issue. Also, BMW
is not aware of any accidents or injuries that have occurred as a
result of this issue.
    BMW has additionally informed NHTSA that it has corrected the
noncompliance so that all future production of the subject vehicles
will fully comply with FMVSS No. 108.
    In summation, BMW believes that the described noncompliance of the
subject motorcycles is inconsequential to motor vehicle safety, and
that its petition, to exempt BMW from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject motorcycles that BMW no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant motorcycles under their control
after BMW notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-13600 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46246-46248]
[FR Doc No: 2021-17660]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0424; FRL-8721-01-OCSPP]

Electronic Option for Submitting Foreign Purchaser
Acknowledgement Statement of Unregistered Pesticides Under the Federal
Insecticide, Fungicide and Rodenticide Act; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of an electronic option for
submitting the Foreign Purchaser Acknowledgement Statement (FPAS) for
unregistered pesticides as required under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). As an alternative to the
hardcopy approach, which is still available, EPA is also now accepting
the required notifications electronically using EPA's electronic
document submission system, the Central Data Exchange (CDX). Use of CDX
to prepare and submit the required notifications to EPA will help
streamline and reduce the administrative costs and burdens associated
with submitting paper-based statements for both the submitters and the
Agency.

DATES: An FPAS may be submitted electronically using CDX as of August
18, 2021.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0424, is available online at
http://www.regulations.gov or in-person at the Office of Pesticide
Program Docket (OPP Docket), Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>.
    Please note that due to the public health concerns related to
COVID-19, the EPA/DC and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on the EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Zoe
Emdur, Office of Program Support, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001: Telephone number:
(703) 347 0529; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, import, or distribute in commerce chemical substances and
mixtures. The following North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities.
Potentially affected entities may include, but are not limited to the
following:
     Basic Chemical Manufacturing (NAICS 3251);
     Resin, Synthetic Rubber, and Artificial and Synthetic
Fibers and Filaments Manufacturing (NAICS 3252);
     Pesticide, Fertilizer, and Other Agricultural Chemical
Manufacturing (NAICS 3253); and
     Other Chemical Product and Preparation Manufacturing
(NAICS 3251).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.

B. What action is the Agency taking?

    The Agency is announcing the availability of an electronic option
for use by those who must submit an FPAS under FIFRA 17(a)(2). EPA is
providing an electronic option as part of the broader Federal
government efforts to move to modern, electronic methods of information
collection, which streamline processes and reduce overall burdens for
all involved.
    Currently, an FPAS can only be submitted to the Agency in hardcopy
using regular mail, requiring the Agency to manually scan and process
submissions. The modernization of the FPAS process will allow the
option for users to prepare and submit their notifications to the
Agency electronically using a web-based application. To file
electronically, submitters must use the EPA provided application. To
access the application, users must complete a one-time registration
with EPA's CDX (https://cdx.epa.gov/). CDX is the Agency's portal for
submitting information to EPA in a secure online manner. Electronic
submissions of an FPAS will be done via the Pesticide Submission Portal
(``PSP'' or ``Pesticide Portal'') which is

accessed through EPA's CDX. Registered CDX users will be able to select
``FPAS Submission'' for a dropdown menu and upload one or more
attachments for their submission. When registering, a user will need to
ensure they are registering for the PSP data flow which will provide
them access to the FPAS reporting application. (Note: Users who have
previously registered with CDX are able to add ``PSP'' to their current
registration.) This reporting tool is compatible with Windows, Mac,
Linux, and UNIX based computers, and uses ``Extensible Markup
Language'' (XML) specifications for efficient data transmission across
the internet.

C. What is the Agency's authority for taking this action?

    FIFRA section 17(a)(2) and 40 CFR 168.75 require that any person
exporting unregistered pesticides must obtain and submit to EPA a
statement, known as an FPAS, signed by the foreign purchaser prior to
export, acknowledging that the purchaser understands that the pesticide
is not registered for use in and cannot be sold in the United States.
EPA transmits the FPAS notification to the government of the importing
country via per-shipment notifications or annual summary reports.
    The exporter is required to send a copy of the purchaser
acknowledgment statement to EPA within 7 days of having shipped the
pesticide, along with a signed statement that the shipment did not
occur prior to receipt of the purchaser acknowledgment statement. In
addition, if the exporter chooses the annual reporting option, he or
she must include a statement that the FPAS is for the first shipment of
a pesticide to a particular purchaser in a specific country, and that
the exporter will report this information annually. Where an exporter
chooses to comply with the annual summary reporting option, a summary
must be sent after the end of the calendar year which lists all
shipments of a particular pesticide shipped to a particular foreign
purchaser. It is not required for the statement to be submitted to EPA
in time to enable EPA to notify the importing country prior to arrival
of the pesticide.
    When exporting pesticides that are not registered in the U.S.,
manufacturers must submit a FPAS to EPA either per shipment or on an
annual basis. EPA will then use this information to notify the
Designated National Authority of the importing country. The FPAS must
include the following items:
    The name, address, and EPA identification number (i.e., EPA company
number or establishment number), if applicable, of the exporter.
     The name and address of the foreign purchaser.
     The identity of the product and the active ingredient(s),
including:
     The Chemical Abstract Services Registry (CAS) number for
each active ingredient;
     The chemical nomenclature for each active ingredient as
used by the International Union of Pure and Applied Chemists (IUPAC);
and
     Other chemical or common names that could help EPA better
identify the product (i.e., EPA's chemical PC code).
     If known or reasonably ascertainable, the country or
countries of the final destination of the export shipment (i.e., where
the exported pesticide is intended to be used), if different from the
country of the foreign purchaser's address.
     Signed and dated statement from the foreign purchaser
acknowledging that the product is not registered for use in the United
States and cannot be sold in the United States.
     The exporter must submit a signed certification affirming
that the export did not occur until the statement signed by the foreign
purchaser was obtained by the exporter.
     Any foreign purchaser signing a statement in their own
language must have the appropriate English translation accompanying it
when submitted to the EPA.
    For electronic reporting, the Government Paperwork Elimination Act
(GPEA) (44 U.S.C. 3504) requires Executive agencies to provide, when
practicable, for the option of the electronic maintenance, submission,
or disclosure of information as a substitute for paper; and the use and
acceptance of electronic signatures.

D. What are the anticipated benefits of CDX reporting and use of PSP?

    EPA encourages submitters of an FPAS to adopt the electronic option
as the preferred submission method. Use of the electronic option
reduces the paperwork burden for submitters by reducing the cost and
time required to review, edit, and transmit data to the Agency in a
hardcopy format, as well as the cost to mail that hardcopy to EPA and
to retain required records related to that hardcopy submission. PSP,
the web-based reporting tool, enables efficient data transmittal and
reduces errors with built-in validation procedures. PSP also allows
submitters to share a draft submission within their organization, and
more easily save an electronic copy of that submission for the required
records or future use. The resource and time requirements for EPA to
review and process these export notifications will also be reduced,
including increased efficiencies in communicating with submitters, as
well as the storage and retrieval of submissions.

II. Electronic Reporting Procedures

    This unit provides an overview of CDX, PSP, and the FPAS web-based
reporting tool. It also provides instructions for the electronic
process for FPAS notifications. As a reminder, the requirements are set
in the regulations implementing the statutory mandate in FIFRA that
appear in 40 CFR 168.75.

A. What is CDX?

    CDX is EPA's point of entry for environmental data submissions to
the Agency. CDX also provides the capability for submitters to access
their data using web services. CDX enables EPA to work with
stakeholders, including governments, regulated industries, and the
public to enable streamlined, electronic submission of data via the
internet. To report under the procedures discussed in this notice,
submitters would register with CDX, select the PSP option, and access
reporting of FPAS. More information about CDX is available online at:
http://www.epa.gov/cdx/.

B. What is PSP?

    PSP is a web-based reporting tool for the submission of forms,
reports, and other documents including FPAS notifications,
electronically to the Agency. The tool is available for use with
Windows, Mac, Linux, and UNIX computer systems, using ``Extensible
Markup Language'' (XML) specifications for efficient data transmission
across the internet. CISS provides user-friendly navigation, works with
CDX to secure online communication, creates a completed Portable
Document Format (PDF) for review prior to submission, and enables data,
reports, and other information to be submitted easily as PDF
attachments, or by other electronic standards, such as XML. As
currently implemented, one or more representatives from each facility
must establish an account with EPA's CDX to prepare, transmit, certify,
and submit forms, reports, and other documents.

C. How will the FPAS be submitted via the internet using CDX?

    Once registered with EPA's CDX, submitters of FPAS notifications
will select the PSP Program and use ``FPAS submission'' to prepare a
data file for submission.

    1. Registering with CDX. To submit electronically to EPA via CDX, a
user would register with CDX at: http://cdx.epa.gov/epa_home.asp. CDX
registration enables EPA to authenticate user identities and verify
user authorizations.
    To register in CDX, the CDX registrant (also referred to as
``Electronic Signature Holder'' or ``Public/Private Key Holder'') would
agree to the Terms and Conditions, provide information about the user
and organization, select a user-name and password, and follow the
procedures outlined in the guidance document for CDX available online
at: http://www.epa.gov/cdr/tools/CDX_Registration_Guide_v0_02.pdf.
    2. Submission. Those choosing to submit electronically will use PSP
to prepare their submissions. Then the submitter will choose ``FPAS
submission'' from the drop-down which guides users through a ``hands-
on'' process of creating an electronic submission. Once a user
completes the relevant data fields and attaches appropriate PDF files
or other file types, such as XML files, the web-based tool validates
the submission by performing a basic error check and makes sure all the
required fields and attachments are provided and complete.
    Further instructions on submitting information and instructions for
uploading PDF attachments or other file types, such as XML will be
available through FPAS reporting guidance available online at: https://www.epa.gov/pesticide-registration/electronic-submissions-pesticide-applications.

D. Can CBI be submitted using PSP?

    Yes. PSP enables the user to submit CBI and substantiate that CBI
claim in an electronic format. All information sent by the user via CDX
is transmitted securely to protect CBI. PSP also guides the user
through the process of submitting CBI by prompting the user to check a
CBI checkbox if using a form or by submitting a scanned document
containing CBI by bracketing, underlining, or otherwise marking the
confidential information on the document prior to scanning. As with
paper-based submissions, a sanitized copy of any document containing
CBI would be included by the user in the electronic submission. The
FPAS reporting guidance instructs users on how to submit CBI and
substantiate CBI claims information using PSP.

E. How will CBI be protected when submitting via CDX?

    The Agency ensures secure transmission of the data, reports, and
other documents sent from the user through the internet via the
Transport Layer Security (TLS) 1.0 protocol. TLS 1.0 is a widely used
approach for securing internet transactions and is endorsed by the
National Institute of Standards and Technology (NIST) as a means for
protecting data sent over the internet. See NIST Special Publication
800-52, ``Guidelines for the Selection and Use of Transport Layer
Security (TLS) Implementations,'' available online at: http://csrc.nist.gov/publications/nistpubs/800-52/SP800-52.pdf.
    In addition, PSP enables the submitter to electronically sign,
encrypt, and transmit submissions, which the Agency subsequently
provides back to the user as an unaltered copy of record. This assures
the user that the Agency has received exactly what the user sent to the
Agency. PSP encrypts using a module based on the 256-bit Advanced
Encryption Standard (AES) adopted by NIST. Details about AES can be
found on the NIST website at: http://csrc.nist.gov/publications/fips/fips197/fips-197.pdf. EPA may incorporate other encryption modules into
future versions of PSP. Information submitted via CDX is processed
within EPA by secure systems certified for compliance with Federal
Information Processing Standards (FIPS) that are available online at:
http://www.nist.gov/itl/fips.cfm.

III. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under the PRA,
unless it has been approved by OMB and displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in title
40 of the CFR, after appearing in the Federal Register, are listed in
40 CFR part 9, and included on the related collection instrument or
form, if applicable.
    The information collection requirements associated with the
electronic option for FPAS notifications under FIFRA section 17(a)(2)
and 40 CFR 168.75 were approved by OMB pursuant to the PRA under OMB
Control No. 2070-0027 (EPA ICR No. 0161.15) on August 6, 2021. The
addition of an electronic option for submissions does not change the
requirements or add new burden requiring additional OMB approval. The
annual paperwork burden per FPAS notification is estimated to average
2,940 hours for hardcopy submissions and 1,803 hours for electronic
submissions. This burden estimate includes the time needed to review
instructions, search existing data sources, gather and maintain the
data needed, and complete, review, and submit the required export
notification to EPA. For additional details, please see the Information
Collection Request document that is available in the docket.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for further minimizing respondent burden,
including through the use of automated collection techniques, to the
Director, Regulatory Support Division, Office of Mission Support
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any FPAS notifications
or related questions to this address.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 12, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-17660 Filed 8-17-21; 8:45 am]
BILLING CODE 6560-50-P


standards for AEB Systems for signatory nations to the ``1958
Agreement.'' \264\ Some signatories mandate the regulation and others
accept it as ``if-fitted.'' ECE Regulation No. 152 describes the timing
of warnings, mode of warnings, required minimum deceleration, and
allowable impact speeds for AEB tests for both stationary lead
surrogate vehicles and lead surrogate vehicles moving at 20 km/h. Each
test run is conducted ``in absence of driver's input,'' (i.e., testing
CIB but not DBS). A ``false reaction test'' is also specified, where a
vehicle must pass between two parked vehicles without issuing a warning
or applying the brakes. AEB systems are required to operate between 10
km/h and 60 km/h, and cannot be deactivated at speeds above 10 km/h.
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    \263\ As defined in the Addenda to the 1958 Agreement, inclusive
of Amendments published Dec 21, 2021. https://unece.org/transport/vehicle-regulations-wp29/standards/addenda-1958-agreement-regulations-141-160.
    \264\ United Nations Economic Commission for Europe. Agreement
concerning the Adoption of Harmonized Technical United Nations
Regulations for Wheeled Vehicles, Equipment and Parts which can be
Fitted and/or be Used on Wheeled Vehicles and the Conditions for
Reciprocal Recognition of Approvals Granted on the Basis of these
United Nations Regulations (Revision 3). (Original: 1958; Current,
as amended: 20 Oct. 2017). https://unece.org/trans/main/wp29/wp29regs. The U.S. is not a signatory to the 1958 Agreement.
---------------------------------------------------------------------------

    ECE Regulation No. 152 also describes requirements and test
procedures for PAEB systems, including specification of minimum
daylight lighting conditions (which match this NPRM) and surrogates.
Test scenarios for PAEB systems include a test for a crossing test
mannequin, and a false positive test where a test mannequin is parallel
with and outside of the subject vehicle's path, and the vehicle must
not issue a warning or provide braking. Further specifications test for
electrical failure and compliance with deactivation requirements (if
equipped). A ``car to bicycle'' test and required standards are also
specified, which our proposed regulation does not include.
    For both the ``car to car'' and ``car to pedestrian'' tests,
performance requirements are differentiated for M1 passenger vehicles
and N1 goods carrying vehicles at different loaded masses and at
different speeds; for some speed and weight combinations, collision
avoidance is required. Starting at 38 km/h (24 mph), the standard
specifies a maximum allowable impact speed; in contrast, our proposed
regulation requires collision avoidance at up to 80 km/h (50 mph)
without driver intervention. Up to 10 percent of test runs in any
category can be failed and the system would still be given
certification.

International AEB Consumer Testing

    Internationally, several organizations also test vehicles' lead
vehicle AEB systems to provide safety information to consumers. Euro
NCAP, Australasian NCAP, and Korean NCAP each test lead vehicle AEB
systems using scenarios similar to NHTSA's NCAP, where the lead vehicle
test device is stationary, moving more slowly, or decelerating. ASEAN
NCAP, China NCAP, and Japan NCAP each test vehicle lead vehicle AEB
systems using stationary or slower-moving lead vehicle scenarios. Latin
NCAP tests lead vehicle AEB systems using slower moving or decelerating
lead vehicle scenarios. As discussed further in this notice, NHTSA will
require collision avoidance over a range of subject vehicle test
speeds; in contrast, Euro NCAP, Australasian NCAP, Korean NCAP, Chinese
NCAP, and Japan NCAP each test AEB starting at 10 km/h and increase the
speed during progressive test runs until the vehicle strikes the
surrogate. There are no false positive tests, and points are awarded
based on the speed at which the vehicle surrogate was struck.
    Euro NCAP, China NCAP, Japan NCAP, and Korean NCAP each test PAEB
systems in crossing path scenarios with a test mannequin. Euro NCAP and
China NCAP further test PAEB systems for pedestrians walking parallel
along the subject vehicle's forward path. Euro NCAP also tests PAEB
systems for vehicles turning into a crossing test mannequin's path at
an intersection. A variety of lighting conditions are used depending
upon the scenario tested, with each organization conducting PAEB tests
using daylight

conditions, darkness conditions with streetlights, or darkness
conditions without streetlights for at least one of their tests. There
are no false positive tests, and for each test, the testing programs
award points or provide a rating based on each vehicle's AEB
performance.
    Euro NCAP specifies the test mannequin in its ``Articulated
Pedestrian Target Specification Document,'' \265\ which sets
specifications for size, color, motion patterns, and detectability by
vehicle sensors. China NCAP, Japan NCAP, and Korean NCAP use the same
specifications, either by reference or substantially similar
translation. These specifications are used by the test mannequin
supplier to IIHS and NHTSA research.
---------------------------------------------------------------------------

    \265\ European Automobile Manufacturers' Association (ACEA),
February 2016, ``Articulated Pedestrian Target Specification
Document,'' Version 1.0. https://www.acea.auto/publication/articulated-pedestrian-target-acea-specifications/.
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List of Subjects

49 CFR Part 571

    Imports, Incorporation by Reference, Motor vehicle safety, Motor
vehicles, and Tires.

49 CFR Part 596

    Automatic emergency braking, Incorporation by Reference, Motor
vehicle safety, Test devices.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
chapter V 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. Amend Sec.  571.5 by:
0
a. Revising paragraph (d)(34);
0
b. Redesignating paragraphs (l)(49) and (50) as paragraphs (l)(50) and
(51), respectively; and
0
c. Adding new paragraph (l)(49).
    The revisions and additions read as follows:

Sec.  571.5  Matter incorporated by reference.

* * * * *
    (d) * * *
    (34) ASTM E1337-19, ``Standard Test Method for Determining
Longitudinal Peak Braking Coefficient (PBC) of Paved Surfaces Using
Standard Reference Test Tire,'' approved December 1, 2019, into
Sec. Sec.  571.105; 571.121; 571.122; 571.126; 571.127; 571.135;
571.136; 571.500.
* * * * *
    (l) * * *
    (49) SAE J2400, ``Human Factors in Forward Collision Warning
System: Operating Characteristics and User Interface Requirements,''
August 2003 into Sec.  571.127.
* * * * *
0
3. Add Sec.  571.127 to read as follows:

Sec.  571.127  Standard No. 127; Automatic emergency braking systems
for light vehicles.

    S1. Scope. This standard establishes performance requirements for
automatic emergency braking (AEB) systems for light vehicles.
    S2. Purpose. The purpose of this standard is to reduce the number
of deaths and injuries that result from crashes in which drivers do not
apply the brakes or fail to apply sufficient braking power to avoid or
mitigate a crash.
    S3. Application. This standard applies to passenger cars and to
multipurpose passenger vehicles, trucks, and buses with a gross vehicle
weight rating of 4,536 kilograms (10,000 pounds) or less.
    S4. Definitions.
    Adaptive cruise control system is an automatic speed control system
that allows the equipped vehicle to follow a lead vehicle at a pre-
selected gap by controlling the engine, power train, and service
brakes.
    Ambient illumination is the illumination as measured at the test
surface, not including any illumination provided by the subject
vehicle.
    Automatic emergency braking (AEB) system is a system that detects
an imminent collision with vehicles, objects, and road users in or near
the path of a vehicle and automatically controls the vehicle's service
brakes to avoid or mitigate the collision.
    Brake pedal application onset is when 11 N of force has been
applied to the brake pedal.
    Forward collision warning is an auditory and visual warning
provided to the vehicle operator by the AEB system that is designed to
induce immediate forward crash avoidance response by the vehicle
operator.
    Forward collision warning onset is the first moment in time when a
forward collision warning is provided.
    Headway is the distance between the lead vehicle's rearmost plane
normal to its centerline and the subject vehicle's frontmost plane
normal to its centerline.
    Lead vehicle is a vehicle test device facing the same direction and
preceding a subject vehicle within the same travel lane.
    Lead vehicle braking onset is the point at which the lead vehicle
achieves a deceleration of 0.05 g due to brake application.
    Pedestrian test mannequin is a device used during AEB testing, when
approaching pedestrians, meeting the specifications of subpart B of 49
CFR part 596.
    Small-volume manufacturer means an original vehicle manufacturer
that produces or assembles fewer than 5,000 vehicles annually for sale
in the United States.
    Steel trench plate is a rectangular steel plate often used in road
construction to temporarily cover sections of pavement unsafe to drive
over directly.
    Subject vehicle is the vehicle under examination for compliance
with this standard.
    Travel path is the path projected onto the road surface of a point
located at the intersection of the subject vehicle's frontmost vertical
plane and longitudinal vertical center plane, as the subject vehicle
travels forward.
    Vehicle Test Device is a device meeting the specifications set
forth in subpart C of 49 CFR part 596.
    S5. Requirements.
    (a) Except as provided in paragraphs (b) and (c) of this section
S5, vehicles manufactured on or after [the first September 1 that is
three years after publication of a final rule] must meet the
requirements of this standard.
    (b) The following lower-speed performance test requirements apply
to vehicles manufactured on or after [the first September 1 that is
three years after date of publication of a final rule] and before [the
first September 1 that is four years after the date of publication of a
final rule].
    (1) For testing in the darkness condition using lower beam
headlamps with an intended overlap of 50 percent, the subject vehicle
test speed in S8.3.1(g) is any speed between 10 km/h and 40 km/h.
    (2) For testing in the darkness condition using lower beam
headlamps, the subject vehicle test speed in S8.4.1(e) is any speed
between 10 km/h and 50 km/h.
    (3) For testing in the darkness condition, the subject vehicle test
speed in S8.5.1(f) is any speed between 10 km/h and 60 km/h.
    (c) The requirements of paragraphs (a) and (b) of this section S5
do not apply to small-volume manufacturers, final-stage manufacturers
and alterers until one year after the dates specified in those
paragraphs.
    S5.1. Requirements when approaching a lead vehicle.
    S5.1.1. Forward Collision Warning. A vehicle is required to have a
forward

collision warning system, as defined in S4 of this section, that
provides an auditory and visual signal to the driver of an impending
collision with a lead vehicle when traveling at any forward speed
greater than 10 km/h (6.2 mph). The auditory signal must have a high
fundamental frequency of at least 800 Hz, a duty cycle of 0.25-0.95,
and tempo in the range of 6-12 pulses per second. The visual signal
must be located according to SAE J2400 (incorporated by reference see
Sec.  571.5), paragraph 4.1.14 and must include the symbol in the
bottom right of paragraph 4.1.16. Line of sight is based on the
forward-looking eye midpoint (Mf) as described in S14.1.5.
of Sec.  571.111 of this part. The symbol must be red in color and
steady-burning.
    S5.1.2. Automatic Emergency Braking. A vehicle is required to have
an automatic emergency braking system, as defined in S4 of this
section, that applies the service brakes automatically when a collision
with a lead vehicle is imminent. The system must operate when the
vehicle is traveling at any forward speed greater than 10 km/h (6.2
mph).
    S5.1.3. Performance Test Requirements. The vehicle must provide a
forward collision warning and subsequently apply the service brakes
automatically when a collision with a lead vehicle is imminent such
that the subject vehicle does not collide with the lead vehicle when
tested using the procedures in S7 under the conditions specified in S6.
The forward collision warning is not required if adaptive cruise
control is engaged.
    S5.2. Requirements when approaching pedestrians.
    S5.2.1. Forward Collision Warning. A vehicle is required to have a
forward collision warning system, as defined in S4 of this section,
that provides an auditory and visual signal to the driver of an
impending collision with a pedestrian. The auditory signal must have a
high fundamental frequency of at least 800 Hz, a duty cycle of 0.25-
0.95, and tempo in the range of 6-12 pulses per second. The visual
signal must be located according to SAE J2400, (incorporated by
reference see Sec.  571.5), paragraph 4.1.14 and must include the crash
icon in the bottom right of paragraph 4.1.16. Line of sight is based on
the forward-looking eye midpoint (Mf) as described in
S14.1.5. of Sec.  571.111. The symbol must be red in color and steading
burning. The system must operate at any forward speed greater than 10
km/h (6.2 mph).
    S5.2.2. Automatic Emergency Braking. A vehicle is required to have
an automatic emergency braking system, as defined in S4 of this
section, that applies the service brakes automatically when a collision
with a pedestrian is imminent when the vehicle is traveling at any
forward speed greater than 10 km/h (6.2 mph).
    S5.2.3. Performance Test Requirements. The vehicle must
automatically apply the brakes and alert the vehicle operator such that
the subject vehicle does not collide with the pedestrian test mannequin
when tested using the procedures in S8 under the conditions specified
in S6.
    S5.3. False Activation. The vehicle must not automatically apply
braking that results in peak additional deceleration that exceeds what
manual braking would produce by 0.25g or greater, when tested using the
procedures in S9 under the conditions specified in S6.
    S5.4. Malfunction Detection. The system must continuously detect
system malfunctions, including malfunctions caused solely by sensor
obstructions. If the system detects a malfunction that prevents the
system from meeting the requirements specified in S5.1, S5.2, or S5.3,
the system must provide the vehicle operator with a telltale
notification that the malfunction exists.
    S6. Test Conditions.
    S6.1. Environmental conditions.
    S6.1.1. Temperature. The ambient temperature is any temperature
between 0 [deg]C and 40 [deg]C.
    S6.1.2. Wind. The maximum wind speed is no greater than 10 m/s (22
mph) during lead vehicle avoidance tests and 6.7 m/s (15 mph) during
pedestrian avoidance tests.
    S6.1.3. Ambient Lighting.
    (a) Daylight testing.
    (1) The ambient illumination on the test surface is any level at or
above 2,000 lux.
    (2) Testing is not performed while driving toward or away from the
sun such that the horizontal angle between the sun and a vertical plane
containing the centerline of the subject vehicle is less than 25
degrees and the solar elevation angle is less than 15 degrees.
    (b) Dark testing.
    (1) The ambient illumination on the test surface is any level at or
below 0.2 lux.
    (2) Testing is performed under any lunar phase.
    (3) Testing is not performed while driving toward the moon such
that the horizontal angle between the moon and a vertical plane
containing the centerline of the subject vehicle is less than 25
degrees and the lunar elevation angle is less than 15 degrees.
    S6.1.4. Precipitation. Testing is not conducted during periods of
precipitation or when visibility is affected by fog, smoke, ash, or
other particulate.
    S6.2. Road conditions.
    S6.2.1. Test Track Surface and Construction. The tests are
conducted on a dry, uniform, solid-paved surface. Surfaces with debris,
irregularities, or undulations, such as loose pavement, large cracks,
or dips are not used.
    S6.2.2. Surface Friction. The road test surface produces a peak
friction coefficient (PFC) of 1.02 when measured using an American
Society for Testing and Materials (ASTM) F2493 standard reference test
tire, in accordance with ASTM E1337-19 (incorporated by reference, see
Sec.  571.5), at a speed of 64 km/h (40 mph), without water delivery.
    S6.2.3. Slope. The test surface has any consistent slope between 0
percent and 1 percent.
    S6.2.4. Markings. The road surface within 2 m of the intended
travel path is marked with zero, one, or two lines of any configuration
or color. If one line is used, it is straight. If two lines are used,
they are straight, parallel to each other, and at any distance from 2.7
m to 4.5 m apart.
    S6.2.5. Obstructions. Testing is conducted such that the vehicle
does not travel beneath any overhead structures, including but not
limited to overhead signs, bridges, or gantries. No vehicles,
obstructions, or stationary objects are within 7.4 m of either side of
the intended travel path except as specified.
    S6.3. Subject vehicle conditions.
    S6.3.1. Malfunction notification. Testing is not conducted while
the AEB malfunction telltale specified in S5.4 is illuminated.
    S6.3.2. Sensor obstruction. All sensors used by the system and any
part of the vehicle immediately ahead of the sensors, such as plastic
trim, the windshield, etc., are free of debris or obstructions.
    S6.3.3. Tires. The vehicle is equipped with the original tires
present at the time of initial sale. The tires are inflated to the
vehicle manufacturer's recommended cold tire inflation pressure(s)
specified on the vehicle's placard or the tire inflation pressure
label.
    S6.3.4. Brake burnish.
    (a) Vehicles subject to Sec.  571.105 are burnished in accordance
with S7.4 of that section.
    (b) Vehicles subject to Sec.  571.135 are burnished in accordance
with S7.1 of that section.
    S6.3.5. Brake temperature. The average temperature of the service
brakes on the hottest axle of the vehicle during testing, measured
according to

S6.4.1 of Sec.  571.135, is between 65 [deg]C and 100.[deg]C prior to
braking.
    S6.3.6. Fluids. All non-consumable fluids for the vehicle are at
100 percent capacity. All consumable fluids are at any level from 5 to
100 percent capacity.
    S6.3.7. Propulsion battery charge. The propulsion batteries are
charged at any level from 5 to 100 percent capacity.
    S6.3.8. Cruise control. Cruise control, including adaptive cruise
control, is configured under any available setting.
    S6.3.9. Adjustable forward collision warning. Forward collision
warning is configured in any operator-configurable setting.
    S6.3.10. Engine braking. A vehicle equipped with an engine braking
system that is engaged and disengaged by the operator is tested with
the system in any selectable configuration.
    S6.3.11. Regenerative braking. Regenerative braking is configured
under any available setting.
    S6.3.12. Headlamps.
    (a) Daylight testing is conducted with the headlamp control in any
selectable position.
    (b) Darkness testing is conducted with the vehicle's lower beams or
upper beams active.
    (c) Prior to performing darkness testing, headlamps are aimed
according to the vehicle manufacturer's instructions. The weight of the
loaded vehicle at the time of headlamp aiming is within 10 kg of the
weight of the loaded vehicle during testing.
    S6.3.13. Subject vehicle loading. The vehicle load, which is the
sum of any vehicle occupants and any test equipment and
instrumentation, does not exceed 277 kg. The load does not cause the
vehicle to exceed its GVWR or any axle to exceed its GAWR.
    S6.3.14. AEB system initialization. The vehicle is driven at a
speed of 10 km/h or higher for at least one minute prior to testing,
and subsequently the starting system is not cycled off prior to
testing.
    S6.4. Equipment and Test Devices.
    S6.4.1. The vehicle test device is specified in 49 CFR part 596
subpart C. Local fluttering of the lead vehicle's external surfaces
does not exceed 10 mm perpendicularly from the reference surface, and
distortion of the lead vehicle's overall shape does not exceed 25 mm in
any direction.
    S6.4.2. Adult Pedestrian Test Mannequin is specified in 49 CFR part
596 subpart B.
    S6.4.3. Child Pedestrian Test Mannequin is specified in 49 CFR part
596 subpart B.
    S6.4.4. The steel trench plate used for the false activation test
has the dimensions 2.4 m x 3.7 m x 25 mm and is made of ASTM A36 steel.
Any metallic fasteners used to secure the steel trench plate are flush
with the top surface of the steel trench plate.
    S7. Testing when approaching a lead vehicle.
    S7.1. Setup.
    (a) The testing area is set up in accordance with Figure 2.
    (b) Testing is conducted during daylight.
    (c) For reference, Table 1 to S7.1 specifies the subject vehicle
speed (VSV), lead vehicle speed (VLV), headway,
and lead vehicle deceleration for each test that may be conducted.
    (d) The intended travel path of the vehicle is a straight line
toward the lead vehicle from the location corresponding to a headway of
L0.
    (e) If the road surface is marked with a single or double lane
line, the intended travel path is parallel to and 1.8 m from the inside
of the closest line. If the road surface is marked with two lane lines
bordering the lane, the intended travel path is centered between the
two lines.
    (f) For each test run conducted, the subject vehicle speed
(VSV), lead vehicle speed (VLV), headway, and
lead vehicle deceleration will be selected from the ranges specified.

                                            Table 1 to S7.1--Test Parameters When Approaching a Lead Vehicle
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Speed (km/hr)
                                     -----------------------------------------       Headway (m)       Lead vehicle decel (g)   Manual brake application
                                                VSV                  VLV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stopped Lead Vehicle................  Any 10-80..............               0  ......................  ......................  No.
                                      Any 70-100.............               0  ......................  ......................  Yes.
Slower Lead Vehicle.................  Any 40-80..............              20  ......................  ......................  No.
                                      Any 70-100.............              20  ......................  ......................  Yes.
Decelerating Lead Vehicle...........  50.....................              50  Any 12-40.............  Any 0.3-0.5...........  No.
                                      50.....................              50  Any 12-40.............  Any 0.3-0.5...........  Yes.
                                      80.....................              80  Any 12-40.............  Any 0.3-0.5...........  No.
                                      80.....................              80  Any 12-40.............  Any 0.3-0.5...........  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    S7.2. Headway calculation. For each test run conducted under S7.3
and S7.4, the headway (L0), in meters, providing 5 seconds
time to collision (TTC) is calculated. L0 is determined with
the following equation where VSV is the speed of the subject vehicle in
m/s and VLV is the speed of the lead vehicle in m/s:

L0 = TTC0 x (VSV-VLV)
TTC0 = 5

    S7.3. Stopped lead vehicle.
    S7.3.1. Test parameters.
    (a) For testing with no subject vehicle manual brake application,
the subject vehicle test speed is any speed between 10 km/h and 80 km/
h, and the lead vehicle speed is 0 km/h.
    (b) For testing with manual brake application of the subject
vehicle, the subject vehicle test speed is any speed between 70 km/h
and 100 km/h, and the lead vehicle speed is 0 km/h.
    S7.3.2. Test conduct prior to forward collision warning onset.
    (a) The lead vehicle is placed stationary with its longitudinal
centerline coincident to the intended travel path.
    (b) Before the headway corresponds to L0, the subject
vehicle is driven at any speed, in any direction, on any road surface,
for any amount of time.
    (c) The subject vehicle approaches the rear of the lead vehicle.
    (d) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (e) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering input such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path and the subject vehicle's yaw rate does not
exceed 1.0 deg/s.
    S7.3.3. Test conduct after forward collision warning onset.
    (a) The accelerator pedal is released at any rate such that it is
fully released within 500 ms. This action is omitted for vehicles
tested with cruise control active.

    (b) For testing conducted with manual brake application, the
service brakes are applied as specified in S10. The onset of brake
pedal application occurs 1.0 0.1 second after forward
collision warning onset.
    (c) For testing conducted without manual brake application, no
manual brake application is made until the test completion criteria of
S7.3.4 are satisfied.
    S7.3.4. Test completion criteria. The test run is complete when the
subject vehicle comes to a complete stop without making contact with
the lead vehicle or when the subject vehicle makes contact with the
lead vehicle.
    S7.4. Slower-moving lead vehicle.
    S7.4.1. Test parameters.
    (a) For testing with no subject vehicle manual brake application,
the subject vehicle test speed is any speed between 40 km/h and 80 km/
h, and the lead vehicle speed is 20 km/h.
    (b) For testing with manual brake application of the subject
vehicle, the subject vehicle test speed is any speed between 70 km/h
and 100 km/h, and the lead vehicle speed is 20 km/h.
    S7.4.2. Test conduct prior to forward collision warning onset.
    (a) The lead vehicle is propelled forward in a manner such that the
longitudinal center plane of the lead vehicle does not deviate
laterally more than 0.3m from the intended travel path.
    (b) The subject vehicle approaches the lead vehicle.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle and lead vehicle speed is maintained within 1.6 km/h of
the test speed with minimal and smooth accelerator pedal inputs.
    (d) Beginning when the headway corresponds to L0, the
subject vehicle and lead vehicle headings are be maintained with
minimal steering input such that the subject vehicle's travel path does
not deviate more than 0.3 m laterally from the centerline of the lead
vehicle, and the yaw rate of the subject vehicle does not exceed 1.0 deg/s prior to the forward collision warning onset.
    S7.4.3. Test conduct after forward collision warning onset.
    (a) The subject vehicle's accelerator pedal is released at any rate
such that it is fully released within 500 ms. This action is omitted
for vehicles tested with cruise control active.
    (b) For testing conducted with manual braking application, the
service brakes are applied as specified in S10. The onset of brake
pedal application is 1.0 0.1 second after the forward
collision warning onset.
    (c) For testing conducted without manual braking application, no
manual brake application is made until the test completion criteria of
S7.4.4 are satisfied.
    S7.4.4. Test completion criteria. The test run is complete when the
subject vehicle speed is less than or equal to the lead vehicle speed
without making contact with the lead vehicle or when the subject
vehicle makes contact with the lead vehicle.
    S7.5. Decelerating lead vehicle.
    S7.5.1. Test parameters.
    (a) The subject vehicle test speed is 50 km/h or 80 km/h, and the
lead vehicle speed is identical to the subject vehicle test speed.
    (b) [Reserved]
    S7.5.2. Test conduct prior to lead vehicle braking onset.
    (a) Before the 3 seconds prior to lead vehicle braking onset, the
subject vehicle is be driven at any speed, in any direction, on any
road surface, for any amount of time.
    (b) Between 3 seconds prior to lead vehicle braking onset and lead
vehicle braking onset:
    (1) The lead vehicle is propelled forward in a manner such that the
longitudinal center plane of the vehicle does not deviate laterally
more than 0.3 m from the intended travel path.
    (2) The subject vehicle follows the lead vehicle at a headway of
any distance between 12 m and 40 m.
    (3) The subject vehicle's speed is maintained within 1.6 km/h of
the test speed with minimal and smooth accelerator pedal inputs prior
to forward collision warning onset.
    (4) The lead vehicle's speed is maintained within 1.6 km/h.
    (5) The subject vehicle and lead vehicle headings are maintained
with minimal steering input such that their travel paths do not deviate
more than 0.3 m laterally from the centerline of the lead vehicle, and
the yaw rate of the subject vehicle does not exceed 1.0
deg/s until onset of forward collision warning.
    S7.5.3. Test conduct following lead vehicle braking onset.
    (a) The lead vehicle is decelerated to a stop with a targeted
average deceleration of any value between 0.3g and 0.5g. The targeted
deceleration magnitude is achieved within 1.5 seconds of lead vehicle
braking onset and is maintained until 250 ms prior to coming to a stop.
    (b) After forward collision warning onset, the subject vehicle's
accelerator pedal is released at any rate such that it is fully
released within 500 ms. This action is omitted for vehicles with cruise
control active.
    (c) For testing conducted with manual braking application, the
service brakes are applied as specified in S10. The brake pedal
application onset occurs 1.0 0.1 second after the forward
collision warning onset.
    (d) For testing conducted without manual braking application, no
manual brake application is made until the test completion criteria of
S7.5.4 are satisfied.
    S7.5.4. Test completion criteria. The test run is complete when the
subject vehicle comes to a complete stop without making contact with
the lead vehicle or when the subject vehicle makes contact with the
lead vehicle.
    S8. Testing when approaching a pedestrian.
    S8.1. Setup.
    S8.1.1. General.
    (a) For reference, Table 2 to S8.1.1 specifies the subject vehicle
speed (VSV), the pedestrian test mannequin speed
(VP), the overlap of the pedestrian test mannequin, and the
lighting condition for each test that may be conducted.
    (b) The intended travel path of the vehicle is a straight line
originating at the location corresponding to a headway of
L0.
    (c) If the road surface is marked with a single or double lane
line, the intended travel path is parallel to and 1.8 m from the inside
of the closest line. If the road surface is marked with two lane lines
bordering the lane, the intended travel path is centered between the
two lines.
    (d) For each test run conducted, the subject vehicle speed
(VSV) will be selected from the range specified.

                                            Table 2 to S8.1.1--Test Parameters When Approaching a Pedestrian
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Speed (km/h)
                                         Direction          Overlap (%)         Obstructed       ------------------------------------ Lighting condition
                                                                                VSV               VP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Crossing Path...................  Right.................              25  No....................  Any 10-60.........               5  Daylight.
                                  Right.................              50  No....................  Any 10-60.........                  Daylight.

                                  Right.................              50  No....................  Any 10-60 *.......                  Lower Beams.
                                  Right.................              50  No....................  Any 10-60.........                  Upper Beams.
                                  Right.................              50  Yes...................  Any 10-50.........                  Daylight.
                                  Left..................              50  No....................  Any 10-60.........               8  Daylight.
Stationary......................  Right.................              25  No....................  Any 10-55.........               0  Daylight.
                                                                                Any 10-55 *.......                  Lower Beams.
                                                                                Any 10-55.........                  Upper Beams.
Along-Path......................  Right.................              25  No....................  Any 10-65.........               5  Daylight.
                                                                                Any 10-65 *.......                  Lower Beams.
                                                                                Any 10-65 *.......                  Upper Beams.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Lower speed performance test requirements apply prior to [the first September 1 that is four years after publication of a final rule]. See S5(b).

    S8.1.2. Overlap. As depicted in Figure 1 to this section, overlap
describes the location of the point on the front of the subject vehicle
that would make contact with a pedestrian if no braking occurred.
Overlap is the percentage of the subject vehicle's overall width that
the pedestrian test mannequin traverses. It is measured from the right
or the left, depending on the side of the subject vehicle where the
pedestrian test mannequin originates. For each test run, the actual
overlap will be within 0.15 m of the specified overlap.
    S8.1.3. Pedestrian Test Mannequin.
    (a) For testing where the pedestrian test mannequin is secured to a
moving apparatus, the pedestrian test mannequin is secured so that it
faces the direction of motion. The pedestrian test mannequin leg
articulation starts on apparatus movement and stops when the apparatus
stops.
    (b) For testing where the pedestrian test mannequin is stationary,
the pedestrian test mannequin faces away from the subject vehicle, and
the pedestrian test mannequin legs remain still.
    S8.2. Headway calculation. For each test run conducted under S8.3,
S8.4, and S8.5, the headway (L0), in meters, between the
front plane of the subject vehicle and a parallel contact plane on the
pedestrian test mannequin providing 4.0 seconds time to collision (TTC)
is calculated. L0 is determined with the following equation
where VSV is the speed of the subject vehicle in m/s and
VP-y is the component of speed of the pedestrian test
mannequin in m/s in the direction of the intended travel path:

L0 = TTC0 x (VSV - VP-y)
TTC0 = 4.0

    S8.3. Pedestrian crossing road.
    S8.3.1. Test parameters and setup (unobstructed from right).
    (a) The testing area is set up in accordance with Figure 3 to this
section.
    (b) Testing is conducted in the daylight or darkness conditions,
except that testing with the pedestrian at the 25 percent overlap is
only conducted in daylight conditions.
    (c) Testing is conducted using the adult pedestrian test mannequin.
    (d) The movement of the pedestrian test mannequin is perpendicular
to the subject vehicle's intended travel path.
    (e) The pedestrian test mannequin is set up 4.0 0.1 m
to the right of the intended travel path.
    (f) The intended overlap is 25 percent from the right or 50
percent.
    (g) The subject vehicle test speed is any speed between 10 km/h and
60 km/h.
    (h) The pedestrian test mannequin speed is 5 km/h.
    S8.3.2 Test parameters and setup (unobstructed from left).
    (a) The testing area is set up in accordance with Figure 4 to this
section.
    (b) Testing is conducted in the daylight condition.
    (c) Testing is conducted using the adult pedestrian mannequin.
    (d) The movement of the pedestrian test mannequin is perpendicular
to the intended travel path.
    (e) The pedestrian test mannequin is set up 6.0 0.1 m
to the left of the intended travel path.
    (f) The intended overlap is 50 percent.
    (g) The subject vehicle test speed is any speed between 10 km/h and
60 km/h.
    (h) The pedestrian test mannequin speed is 8 km/h.
    S8.3.3. Test parameters and setup (obstructed).
    (a) The testing area is set up in accordance with Figure 5 to this
section.
    (b) Testing is conducted in the daylight condition.
    (c) Testing is conducted using the child pedestrian test mannequin.
    (d) The movement of the pedestrian test mannequin is perpendicular
to the intended travel path.
    (e) The pedestrian test mannequin is set up 4.0 0.1 m
to the right of the intended travel path.
    (f) The intended overlap is 50 percent.
    (g) Two vehicle test devices are secured in stationary positions
parallel to the intended travel path. The two vehicle test devices face
the same direction as the intended travel path. One vehicle test device
is directly behind the other separated by 1.0 0.1 m. The
left side of each vehicle test device is 1.0 0.1 m to the
right of the vertical plane parallel to the intended travel path and
tangent with the right outermost point of the subject vehicle when the
subject vehicle is in the intended travel path.
    (h) The subject vehicle test speed is any speed between 10 km/h and
50 km/h.
    (i) The pedestrian test mannequin speed is 5 km/h.
    S8.3.4. Test conduct prior to forward collision warning or vehicle
braking onset.
    (a) The subject vehicle approaches the crossing path of the
pedestrian test mannequin.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering inputs such
that the subject vehicle's travel path does not deviate more than 0.3 m
laterally from the intended travel path, and the yaw rate of the
subject vehicle does not exceed 1.0 deg/s prior to any
automated braking onset.
    (d) The pedestrian test mannequin apparatus is triggered at a time
such that the pedestrian test mannequin meets the intended overlap,
subject to the criteria in S8.1.2. The pedestrian test mannequin
achieves its intended speed within 1.5 m after the apparatus begins to
move and maintains its intended speed within 0.4 km/h until the test

completion criteria of S8.3.6 are satisfied.
    S8.3.5. Test conduct after either forward collision warning or
vehicle braking onset.
    (a) After forward collision warning or vehicle braking onset, the
subject vehicle's accelerator pedal is released at any rate such that
it is fully released within 500 ms. This action is omitted for vehicles
with cruise control active.
    (b) No manual brake application is made until the test completion
criteria of S8.3.6 are satisfied.
    (c) The pedestrian mannequin continues to move until the completion
criteria of S8.3.6 are satisfied.
    S8.3.6. Test completion criteria. The test run is complete when the
subject vehicle comes to a complete stop without making contact with
the pedestrian test mannequin, when the pedestrian test mannequin is no
longer in the path of the subject vehicle, or when the subject vehicle
makes contact with the pedestrian test mannequin.
    S8.4. Stationary pedestrian.
    S8.4.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 6 to this
section.
    (b) Testing is conducted in the daylight or darkness conditions.
    (c) Testing is conducted using the adult pedestrian test mannequin.
    (d) The pedestrian mannequin is set up at the 25 percent right
overlap position facing away from the approaching vehicle.
    (e) The subject vehicle test speed is any speed between 10 km/h and
55 km/h.
    (f) The pedestrian mannequin is stationary.
    S8.4.2. Test conduct prior to forward collision warning or vehicle
braking onset.
    (a) The subject vehicle approaches the pedestrian test mannequin.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering inputs such
that the subject vehicle's travel path does not deviate more than 0.3 m
laterally from the intended travel path, and the yaw rate of the
subject vehicle does not exceed 1.0 deg/s prior to any
automated braking onset.
    S8.4.3. Test conduct after either forward collision warning or
vehicle braking onset.
    (a) After forward collision warning or vehicle braking onset, the
subject vehicle's accelerator pedal is released at any rate such that
it is fully released within 500 ms. This action is omitted with
vehicles with cruise control active.
    (b) No manual brake application is made until the test completion
criteria of S8.4.4 are satisfied.
    S8.4.4. Test completion criteria. The test run is complete when the
subject vehicle comes to a complete stop without making contact with
the pedestrian test mannequin, or when the subject vehicle makes
contact with the pedestrian test mannequin.
    S8.5. Pedestrian moving along the path
    S8.5.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 7 to this
section.
    (b) Testing is conducted in the daylight or darkness conditions.
    (c) Testing is conducted using the adult pedestrian test mannequin.
    (d) The movement of the pedestrian test mannequin is parallel to
and in the same direction as the subject vehicle.
    (e) The pedestrian test mannequin is set up in the 25 percent right
offset position.
    (f) The subject vehicle test speed is any speed between 10 km/h and
65 km/h.
    (g) The pedestrian test mannequin speed is 5 km/h.
    S8.5.2. Test conduct prior to forward collision warning or vehicle
braking onset.
    (a) The subject vehicle approaches the pedestrian test mannequin.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering inputs such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path, and the yaw rate of the subject vehicle does
not exceed 1.0 deg/s prior to any automated braking onset.
    (d) The pedestrian test mannequin apparatus is triggered any time
after the distance between the front plane of the subject vehicle and a
parallel contact plane on the pedestrian test mannequin corresponds to
L0. The pedestrian test mannequin achieves its intended
speed within 1.5 m after the apparatus begins to move and maintains its
intended speed within 0.4 km/h until the test completion criteria of
S8.5.4 are satisfied.
    S8.5.3. Test conduct after either forward collision warning or
vehicle braking onset.
    (a) After forward collision warning or vehicle braking onset, the
subject vehicle's accelerator pedal is released at any rate such that
it is fully released within 500 ms. This action is omitted for vehicles
with cruise control active.
    (b) No manual brake application is made until the test completion
criteria of S8.5.4 are satisfied.
    S8.5.4. Test completion criteria. The test run is complete when the
subject vehicle slows to speed below the pedestrian test mannequin
travel speed without making contact with the pedestrian test mannequin
or when the subject vehicle makes contact with the pedestrian test
mannequin.
    S9. False AEB activation.
    S9.1. Headway calculation. For each test run to be conducted under
S9.2 and S9.3, the headway (L0, L2.1, L1.1), in meters, between the
front plane of the subject vehicle and either the steel trench plate's
leading edge or the rearmost plane normal to the centerline of the
vehicle test devices providing 5.0 seconds, 2.1 seconds, and 1.1
seconds time to collision (TTC) is calculated. L0, L2.1, and L1.1 are
determined with the following equation where VSV is the speed of the
subject vehicle in m/s:

Lx = TTCx x (VSV)
TTC0 = 5.0
TTC2.1 = 2.1
TTC1.1 = 1.1

    S9.2. Steel trench plate.
    S9.2.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 8.
    (b) The steel trench plate is secured flat on the test surface so
that its longest side is parallel to the vehicle's intended travel path
and horizontally centered on the vehicle's intended travel path.
    (c) The subject vehicle test speed is 80 km/h.
    (d) Testing may be conducted with manual brake application.
    S9.2.2. Test conduct.
    (a) The subject vehicle approaches the steel trench plate.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6 km/h of the test speed
with minimal and smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering input such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path, and the yaw rate of the subject vehicle does
not exceed 1.0 deg/s.
    (d) If forward collision warning occurs, the subject vehicle's
accelerator pedal is released at any rate such that it is fully
released within 500 ms. This action is omitted for vehicles with cruise
control active.

    (e) For tests where no manual brake application occurs, manual
braking is not applied until the test completion criteria of S9.2.3 are
satisfied.
    (f) For tests where manual brake application occurs, the subject
vehicle's accelerator pedal, if not already released, is released when
the headway corresponds to L2.1 at any rate such that it is
fully released within 500 ms.
    (g) For tests where manual brake application occurs, the service
brakes are applied as specified in S10. The brake application pedal
onset occurs at headway L1.1.
    S9.2.3. Test completion criteria. The test run is complete when the
subject vehicle comes to a stop prior to crossing over the leading edge
of the steel trench plate or when the subject vehicle crosses over the
leading edge of the steel trench plate.
    S9.3. Pass-through.
    S9.3.1. Test parameters and setup.
    (a) The testing area is set up in accordance with Figure 9.
    (b) Two vehicle test devices are secured in a stationary position
parallel to one another with a lateral distance of 4.5 m 0.1 m between the vehicles' closest front wheels. The centerline
between the two vehicles is parallel to the intended travel path.
    (c) The subject vehicle test speed is 80 km/h.
    (d) Testing may be conducted with manual subject vehicle pedal
application.
    S9.3.2. Test conduct.
    (a) The subject vehicle approaches the gap between the two vehicle
test devices.
    (b) Beginning when the headway corresponds to L0, the
subject vehicle speed is maintained within 1.6km/h with minimal and
smooth accelerator pedal inputs.
    (c) Beginning when the headway corresponds to L0, the
subject vehicle heading is maintained with minimal steering input such
that the travel path does not deviate more than 0.3 m laterally from
the intended travel path, and the yaw rate of the subject vehicle does
not exceed 1.0 deg/s.
    (d) If forward collision warning occurs, the subject vehicle's
accelerator pedal is released at any rate such that it is fully
released within 500 ms.
    (e) For tests where no manual brake application occurs, manual
braking is not applied until the test completion criteria of S9.3.3 are
satisfied.
    (f) For tests where manual brake application occurs, the subject
vehicle's accelerator pedal, if not already released, is released when
the headway corresponds to L2.1 at any rate such that it is
fully released within 500 ms.
    (g) For tests where manual brake application occurs, the service
brakes are applied as specified in S10. The brake application onset
occurs when the headway corresponds to L1.1.
    S9.3.3. Test completion criteria. The test run is complete when the
subject vehicle comes to a stop prior to its rearmost point passing the
vertical plane connecting the forwardmost point of the vehicle test
devices or when the rearmost point of the subject vehicle passes the
vertical plane connecting the forwardmost point of the vehicle test
devices.
    S10. Subject Vehicle Brake Application Procedure.
    S10.1. The procedure begins with the subject vehicle brake pedal in
its natural resting position with no preload or position offset.
    S10.2. At the option of the manufacturer, either displacement
feedback or hybrid feedback control is used.
    S10.3. Displacement feedback procedure. For displacement feedback,
the commanded brake pedal position is the brake pedal position that
results in a mean deceleration of 0.4g in the absence of AEB system
activation.
    (a) The mean deceleration is the deceleration over the time from
the pedal achieving the commanded position to 250 ms before the vehicle
comes to a stop.
    (b) The pedal displacement controller depresses the pedal at a rate
of 254 mm/s 25.4 mm/s to the commanded brake pedal
position.
    (c) The pedal displacement controller may overshoot the commanded
position by any amount up to 20 percent. If such an overshoot occurs,
it is corrected within 100 ms.
    (d) The achieved brake pedal position is any position within 10
percent of the commanded position from 100 ms after pedal displacement
occurs and any overshoot is corrected.
    S10.4. Hybrid brake pedal feedback procedure. For hybrid brake
pedal feedback, the commanded brake pedal application is the brake
pedal position and a subsequent commanded brake pedal force that
results in a mean deceleration of 0.4g in the absence of AEB system
activation.
    (a) The mean deceleration is the deceleration over the time from
the pedal achieving the commanded position to 250 ms before the vehicle
comes to a stop.
    (b) The hybrid controller displaces the pedal at a rate of 254 mm/s
25.4 mm/s to the commanded pedal position.
    (c) The hybrid controller may overshoot the commanded position by
any amount up to 20 percent. If such an overshoot occurs, it is
corrected within 100 ms.
    (d) The hybrid controller begins to control the force applied to
the pedal and stops controlling pedal displacement 100 ms after pedal
displacement occurs and any overshoot is corrected.
    (e) The hybrid controller applies a pedal force of at least 11.1 N.
    (f) The applied pedal force is maintained within 10 percent of the
commanded brake pedal force from 350 ms after commended pedal
displacement occurs and any overshoot is corrected until test
completion.

Figure 1 to Sec.  571.127--Percentage Overlap Nomenclature

[GRAPHIC] [TIFF OMITTED] TP13JN23.050

Figure 2 to Sec.  571.127--Setup for Lead Vehicle Automatic Emergency
Braking
[GRAPHIC] [TIFF OMITTED] TP13JN23.051

Figure 3 to Sec.  571.127--Setup for Pedestrian, Crossing Path, Right

[GRAPHIC] [TIFF OMITTED] TP13JN23.052

Figure 4 to Sec.  571.127--Setup for Pedestrian, Crossing Path, Left

[GRAPHIC] [TIFF OMITTED] TP13JN23.053

Figure 5 to Sec.  571.127--Setup for Pedestrian, Obstructed

[GRAPHIC] [TIFF OMITTED] TP13JN23.054

Figure 6 to Sec.  571.127--Setup for Pedestrian Along-Path Stationary

[GRAPHIC] [TIFF OMITTED] TP13JN23.055

Figure 7 to Sec.  571.127--Setup for Pedestrian Along-Path Moving

[GRAPHIC] [TIFF OMITTED] TP13JN23.056

Figure 8 to Sec.  571.127--Steel Trench Plate
[GRAPHIC] [TIFF OMITTED] TP13JN23.057

Figure 9 to Sec.  571.127--Pass-Through

[GRAPHIC] [TIFF OMITTED] TP13JN23.058

0
4. Add part 596 to read as follows.

PART 596--AUTOMATIC EMERGENCY BRAKING TEST DEVICES

0
1. The authority citation for part 596 reads as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.95.
Sec.
Subpart A--General
596.1 Scope.
596.2 Purpose.
596.3 Application
596.4 Definitions.
596.5 Matter incorporated by reference.
Subpart B--Pedestrian Test Devices
596.7 Specifications for pedestrian test devices.
596.8 [Reserved]
Subpart C--Vehicle Test Device
596.9 General Description
596.10 Specifications for the Vehicle Test Device

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

Subpart A--General

Sec.  596.1  Scope.

    This part describes the test devices that are to be used for
compliance testing of motor vehicles with motor vehicle safety
standards for automatic emergency braking.

Sec.  596.2  Purpose.

    The design and performance criteria specified in this part are
intended to describe devices with sufficient precision such that
testing performed with these test devices will produce repetitive and
correlative results under similar test conditions to reflect adequately
the automatic emergency braking performance of a motor vehicle.

Sec.  596.3  Application.

    This part does not in itself impose duties or liabilities on any
person. It is a description of tools that are used in compliance tests
to measure the performance of automatic emergency braking systems
required by the safety standards that refer to these tools. This part
is designed to be referenced by, and become part of, the test
procedures specified in motor vehicle safety standards, such as 49 CFR
571.127 (Standard No. 127, Automatic emergency braking systems for
light vehicles).

Sec.  596.4  Definitions.

    All terms defined in section 30102 of the National Traffic and
Motor Vehicle Safety Act (49 U.S.C. chapter 301, et seq.) are used in
their statutory meaning.
    Adult Pedestrian Test Mannequin (APTM) means a test device with the
appearance and radar cross section that simulates an adult pedestrian
for the purpose of testing automatic emergency brake system
performance.
    Child Pedestrian Test Mannequin (CPTM) means a test device with the
appearance and radar cross section that stimulates a child pedestrian
for the purpose of testing automatic emergency brake system
performance.
    Vehicle Test Device means a test device that simulates a passenger
vehicle for the purpose of testing automatic emergency brake system
performance.
    Vehicle Test Device Carrier means a movable platform on which a
Lead Vehicle Test Device may be attached during compliance testing.
    Pedestrian Test Device(s) means an Adult Pedestrian Test Mannequin
and/or a Child Pedestrian Test Mannequin.
    Pedestrian Test Mannequin Carrier means a movable platform on which
an Adult Pedestrian Test Mannequin or Child Pedestrian Test Mannequin
may be attached during compliance testing.

Sec.  596.5  Matter incorporated by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the National Highway Traffic Safety
Administration (NHTSA) must publish notice of change in the Federal
Register and the material must be available to the public. All approved
material is available for inspection at NHTSA at the National Archives
and Records Administration (NARA). Contact NHTSA at: NHTSA Office of
Technical Information Services, 1200 New Jersey Avenue SE, Washington,
DC 20590;<PHONE_NUMBER> and For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.htmlor email [email protected]. The material may be
obtained from the source(s) in the following paragraph of this section.
    (b) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland; phone: + 41 22
749 01 11 fax: + 41 22 733 34 30; website: www.iso.org/.
    (1) ISO 3668:2017, ``Paints and varnishes--Visual comparison of
colour of paints,'' Third edition, 2017-05; into Sec.  596.7.
    (2) ISO 19206-2:2018(E), ``Road vehicles--Test devices for target
vehicles, vulnerable road users and other objects, for assessment of
active safety functions--Part 2: Requirements for pedestrian targets,''
First edition, 2018-12; into Sec.  596.7.
    (3) ISO 19206-3:2021(E), ``Test devices for target vehicles,
vulnerable road users and other objects, for assessment of active
safety functions--Part 3: Requirements for passenger vehicle 3D
targets,'' First edition, 2021-05; into Sec.  596.10.
    (4) ISO I9206-4:2020(E), ``Test devices for target vehicles,
vulnerable road users and other objects, for assessment of active
safety functions--Part 4: Requirements for bicyclist targets,'' First
edition, 2020-11; into Sec.  596.7.

Subpart B--Pedestrian Test Devices

Sec.  596.7  Specifications for Pedestrian Test Devices.

    (a) The words ``recommended,'' ``should,'' ``can be,'' or ``should
be'' appearing in sections of ISO 19206-2:2018(E) (incorporated by
reference, see Sec.  596.5), referenced in this section, are read as
setting forth specifications that are used.
    (b) The words ``may be,'' or ``either'' used in connection with a
set of items

appearing in sections of ISO 19206-2:2018(E) (incorporated by
reference, see Sec.  596.5), referenced in this section, are read as
setting forth the totality of items, any one of which may be selected
by NHTSA for testing.
    (c) Specifications for the Pedestrian Test Devices--(1) General
description. The Adult Pedestrian Test Mannequin (APTM) provides a
sensor representation of a 50th percentile adult male and consist of a
head, torso, two arms and hands, and two legs and feet. The Child
Pedestrian Test Mannequin (CPTM) provides a sensor representation of a
6-7-year-old child and consists of a head, torso, two arms and hands,
and two legs and feet. The arms of the APTM and CPTM are posable, but
do not move during testing. The legs of the APTM and CPTM articulate
and are synchronized to the forward motion of the mannequin.
    (2) Dimensions and posture. The APTM has basic body dimensions and
proportions specified in Annex A, table A.1 in ISO 19206-2:2018
(incorporated by reference, see Sec.  596.5). The CPTM has basic body
dimensions and proportions specified in Annex A, table A.1 in ISO
19206-2:2018 (incorporated by reference, see Sec.  596.5).
    (3) Visual Properties--(i) Head. The head has a visible hairline
silhouette by printed graphic. The hair is black as defined in Annex B
table B.2 of ISO 19206-4:2020, as tested in accordance with ISO
3668:2017 (both incorporated by reference, see Sec.  596.5).
    (ii) Face. The head does not have any facial features (i.e., eyes,
nose, mouth, and ears).
    (iii) Skin. The face, neck and hands have a skin colored as defined
Annex B, table B.2 of ISO 19206-4: 2020 (incorporated by reference, see
Sec.  596.5).
    (iv) Torso and Arms. The torso and arms are black as defined in
Annex B table B.2 of ISO 19206-4:2020, as tested in accordance with ISO
3668:2017 (both incorporated by reference, see Sec.  596.5).
    (v) Legs. The legs are blue as defined in Annex B table B.2 of ISO
19206-4:2020, as tested in accordance with ISO 3668:2017 (both
incorporated by reference, see Sec.  596.5).
    (vi) Feet. The feet are black as defined in Annex B table B.2 of
ISO 19206-4:2020, as tested in accordance with ISO 3668:2017 (both
incorporated by reference, see Sec.  596.5).
    (4) Infrared properties. The surface of the entire APTM or CPTM are
within the reflectivity ranges specified in Annex B section B.2.2 of
ISO 19206-2:2018, as illustrated in Annex B, figure B.2 (incorporated
by reference, see Sec.  596.5).
    (5) Radar properties. The radar reflectivity characteristics of the
pedestrian test device approximates that of a pedestrian of the same
size when approached from the side or from behind.
    (6) Radar cross section measurements. The radar cross section
measurements of the APTM and the CPTM is within the upper and lower
boundaries shown in Annex B, section B.3, figure B.6 of ISO 19206-
2:2018 when tested in accordance with the measure procedure in Annex C,
section C.3 of ISO 19206-2:2018 (incorporated by reference, see Sec.
596.5).
    (7) Posture. The pedestrian test device has arms that are posable
and remain posed during testing. The pedestrian test device is equipped
with moving legs consistent with standard gait phases specified in
Section 5.6 of ISO 19206-2:2018 (incorporated by reference, see Sec.
596.5).
    (8) Articulation Properties. The legs of the pedestrian test device
are in accordance with, and as described in, Annex D, section D.2 and
illustrated in Figures D.1, D.2, and D.3 of ISO 19206-2:2018
(incorporated by reference, see Sec.  596.6).

Sec.  596.8  [Reserved]

Subpart C--Vehicle Test Device

Sec.  596.9  General Description

    (a) The Vehicle Test Device provides a sensor representation of a
passenger motor vehicle.
    (b) The rear view of the Vehicle Test Device contains
representations of the vehicle silhouette, a rear window, a high-
mounted stop lamp, two taillamps, a rear license plate, two rear reflex
reflectors, and two tires.

Sec.  596.10  Specifications for the Vehicle Test Device.

    (a) The words ``recommended,'' ``should,'' ``can be,'' or ``should
be'' appearing in sections of ISO 19206-3:2021(E) (incorporated by
reference, see Sec.  596.5), referenced in this section, are read as
setting forth specifications that are used.
    (b) The words ``may be,'' or ``either,'' used in connection with a
set of items appearing in sections of ISO 19206-3:2021(E) (incorporated
by reference, see Sec.  596.5), referenced in this section, are read as
setting forth the totality of items, any one of which may be selected
by NHTSA for testing.
    (c) Dimensional specifications. (1) The rear silhouette and the
rear window are symmetrical about a shared vertical centerline.
    (2) Representations of the taillamps, rear reflex reflectors, and
tires are symmetrical about the surrogate's centerline.
    (3) The license plate representation has a width of 300 15 mm and a height of 150 15 mm and mounted with a
license plate holder angle within the range described in 49 CFR 571.108
S<IP_ADDRESS>.
    (4) The Vehicle Test Device representations are located within the
minimum and maximum measurement values specified in columns 3 and 4 of
Tables A.4 of ISO 19206-3:2021(E) Annex A (incorporated by reference,
see Sec.  596.5). The tire representations are located within the
minimum and maximum measurement values specified in columns 3 and 4 of
Tables A.3 of ISO 19206-3:2021(E) Annex A (incorporated by reference,
see Sec.  596.5). The terms ``rear light'' means ``taillamp,''
``retroreflector'' means ``reflex reflector,'' and ``high centre
taillight'' means ``high-mounted stop lamp.''
    (d) Visual and near infrared specification. (1) The Vehicle Test
Device rear representation colors are within the ranges specified in
Tables B.2 and B.3 of ISO 19206-3:2021(E) Annex B (incorporated by
reference, see Sec.  596.5).
    (2) The rear representation infrared properties of the Vehicle Test
Device are within the ranges specified in Table B.1 of ISO 19206-
3:2021(E) Annex B (incorporated by reference, see Sec.  596.5) for
wavelengths of 850 to 950 nm when measured according to the calibration
and measurement setup specified in paragraph B.3 of ISO 19206-3:2021(E)
Annex B (incorporated by reference, see Sec.  596.5).
    (3) The Vehicle Test Device rear reflex reflectors, and at least 50
cm\2\ of the taillamp representations are grade DOT-C2 reflective
sheeting as specified in 49 CFR 571.108 S8.2.
    (e) Radar reflectivity specifications. (1) The radar cross section
of the Vehicle Test Device is measured with it attached to the carrier
(robotic platform). The radar reflectivity of the carrier platform is
less than 0 dBm\2\ for a viewing angle of 180 degrees and over a range
of 5 to 100 m when measured according to the radar measurement
procedure specified in C.3 of ISO 19206-3:2021(E) Annex C (incorporated
by reference, see Sec.  596.5) for fixed-angle scans.
    (2) The rear bumper area as shown in Table C.1 of ISO 19206-
3:2021(E) Annex C (incorporated by reference, see Sec.  596.5)
contributes to the target radar cross section.
    (3) The radar cross section is assessed using radar sensor that
operates at 76 to 81 GHz and has a range of at least 5 to

100 m, a range gate length smaller than 0.6m, a horizontal field of
view of 10 degrees or more (-3dB amplitude limit), and an elevation
field of view of 5 degrees or more (-3dB amplitude).
    (4) At least 92 percent of the filtered data points of the
surrogate radar cross section for the fixed vehicle angle, variable
range measurements are within the radar cross section boundaries
defined in Sections C.2.2.4 of ISO 19206-3:2021(E) Annex C
(incorporated by reference, see Sec.  596.5) for a viewing angle of 180
degrees when measured according to the radar measurement procedure
specified in C.3 of ISO 19206-3:2021(E) Annex C (incorporated by
reference, see Sec.  596.5) for fixed-angle scans.
    (5) Between 86 to 95 percent of the Vehicle Test Device spatial
radar cross section reflective power is with the primary reflection
region defined in Section C.2.2.5 of ISO 19206-3:2021(E) Annex C
(incorporated by reference, see Sec.  596.5) when measured according to
the radar measurement procedure specified in C.3 of ISO 19206-3:2021(E)
Annex C (incorporated by reference, see Sec.  596.5) using the angle-
penetration method.

    Issued under authority delegated in 49 CFR part 1.95 and 49 CFR
501.8.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2023-11863 Filed 6-12-23; 8:45 am]
BILLING CODE 4910-59-P