Federal Motor Vehicle Safety Standards; Metric Conversion

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[DOT Docket No. NHTSA-98-4463]

RIN: 2127-AG55

Federal Motor Vehicle Safety Standards; Metric Conversion

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

ACTION: Final rule, technical amendments; response to petition for

reconsideration.

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SUMMARY: On May 27, 1998, NHTSA published a final rule amending

selected Federal Motor Vehicle Safety Standards (FMVSSs) by converting

English measurements specified in those standards to metric

measurements. In this document, NHTSA corrects typographical and other

errors in the May 1998 final rule. This document also responds to a

petition for reconsideration filed by Toyota, and public comments by

the Truck Manufacturers Association and Ford to correct typographical

errors in the final rule. The corrections of errors in this final rule

are not intended to make any changes in the stringency of the affected

FMVSSs.

DATES: This final rule is effective May 27, 1999. Optional early

compliance with the changes made in this final rule is permitted

beginning September 24, 1998.

ADDRESSES: Petitions for reconsideration of this final rule should

refer to the docket and notice number cited in the heading of this

final rule and be submitted to: Administrator, National Highway Traffic

Safety Administration, 400 Seventh St., SW, Washington, DC 20590. It is

requested, but not required, that 10 copies be submitted.

FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Nakama, Office of the

Chief Counsel, National Highway Traffic Safety Administration, 400

Seventh Street, SW, Rm. 5219, Washington, DC 20590. Ms. Nakama's e-mail

address is: [email protected] and her telephone number is: (202)

366-2992.

SUPPLEMENTARY INFORMATION: On May 27, 1998 (63 FR 28922), NHTSA

published in the Federal Register a final rule revising selected

Federal Motor Vehicle Safety Standards by converting English

measurements specified in those standards to metric measurements. The

final rule was one of several rulemaking actions that NHTSA is

undertaking to implement the Federal policy that the metric system of

measurement is the preferred system of weights and measures for United

States trade and commerce. The converted figures are not intended to

make any substantive changes in the stringency of the affected FMVSSs.

Upon reviewing the Federal Register publication, NHTSA noted

certain typographical and other errors in the amended regulatory text

and in Tables or Figures. NHTSA also received a petition for

reconsideration from Toyota and public comments from the Truck

Manufacturers Association and Ford noting additional errors in the

final rule. In this final rule, NHTSA will correct errors in the

following standards as described below:

NHTSA's Changes to the Final Rule

Standard No. 101, Controls and displays--NHTSA noted that S5 does

not reflect the current version of the regulatory text. Also, at the

bottom of Table 1, footnote 5 should include the word ``filled,'' not

``filed'' as appeared in the final rule.

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Standard No. 104, Windshield wiping and washing systems--NHTSA

noted that in S3, Definitions, ``Glazing surface reference line''

refers to a measurement that was originally 25 inches. In converting 25

inches to the metric system, NHTSA multiplied that figure by 25 mm,

resulting in 625 mm. NHTSA subsequently determined that because the

glazing surface reference line centers the windshield wiper path on the

windshield, a difference of 10 mm could result in a different wiper

path center, substantively changing the Standard. Therefore, in this

final rule, NHTSA changes the 625 mm measurement to 635 mm, which is

obtained by multiplying 25 inches by 25.4 mm, a more exact measurement

than 25 mm.

Standard No. 209, Seat belt assemblies--In S4.2(b), NHTSA changes

the three kilo Newton measurements to Newton measurements to make the

measurements consistent with the rest of the Standard. In S5.2(e),

NHTSA corrects a typographical error in the rate at which the webbing

is to be drawn through the adjusting device to read ``508 mm

mm'' per minute.

Standard No. 123, Motorcycle controls and displays--NHTSA noted

that in Table 3, column 2, the term ``enricher'' should be

``enrichener.'' ``Enrichener'' refers to mixture enrichment equipment

and has been included in previous versions of Table 3. Also, there were

two typographical errors in footnote 4 at the bottom of Table 3; the

word ``filed'' should be ``filled'' and the second period at the end of

the sentence should be removed.

Toyota Petition for Reconsideration

In a petition dated July 7, 1998, Toyota asked that NHTSA correct

``several apparent errors and inconsistencies.'' Upon reviewing

Toyota's petition, NHTSA agrees that each error or inconsistency noted

by Toyota should be corrected. Therefore, in this final rule, NHTSA

also amends the following standards to correct errors as noted below:

Standard No. 101, Controls and displays--Toyota noted that in Table

1, footnotes 2 and 5 from column 3 referring to the marker lamps were

omitted, and the reference to ``10,000 lbs'' in the description of

footnote 4 should have been converted to 4536 kg. In Table 2, the note

for footnote 8 was omitted.

Standard No. 203, Impact protection for the driver from the

steering control system--Toyota noted an inconsistency between S5.1(a)

that referred to testing at a relative velocity of 24.1 km/h and a

force that shall not exceed 11,110 N, and S5.1(b) that referred to

testing at a relative velocity of 24 km/h and a force that shall not

exceed 11,120 N. Toyota suggested that a velocity of 24.1 km/h and a

force of 11,120 N be established to make the two provisions consistent.

Standard No. 209, Seat belt assemblies--Toyota stated its belief

that a ``force of less than 1,120 N'' in S4.4(a)(1) was in error, and

should have been ``11,120 N.''

Standard No. 302, Flammability of interior materials--Toyota noted

that S5.1.1 states: ``each hole 19 mm in diameter''. However, the

diagram in Figure 1 has an 18 mm diameter dimension. Toyota stated its

belief that the 18 mm diameter dimension in Figure 1 is incorrect and

that NHTSA intended 19 mm.

Truck Manufacturers Association Comments

In a letter dated August 19, 1998, the Truck Manufacturers

Association (TMA) noted typographical and other errors in the May 1998

final rule. NHTSA has reviewed TMA's comments, and will make the

following changes to the final rule:

Standard No. 101, Controls and displays--TMA noted several errors

in Tables 1 and 2. NHTSA concurs with TMA's comments and corrects

Tables 1 and 2 in this final rule.

Standard No. 116 Motor vehicle brake fluids--TMA noted that in

S6.3, the units for kinematic viscosity should be mm\2\/s not mm\2\s.

Ford Public Comments

In a letter dated September 9, 1998, Ford Motor Company's

Automotive Safety Office noted additional typographical and other

errors in the May 1998 final rule. NHTSA has reviewed Ford's comments,

and will make the following changes to the final rule:

Standard No. 101, Controls and displays--Ford notes that in Table

1, Note 4 should read ``Identification not required for vehicles with a

GVWR greater than 4536 kg or for narrow ring-type controls.'' Ford also

stated its view that in Table 2, under the ``SPEEDOMETER'' display,

Column 3 ``MPH km/h'' requires both English and metric units. Ford

recommends that it read: ``MPH and/or km/h'.

Standard No. 111, Rearview mirrors--In S5.1.1, Ford noted that to

be consistent with identical measurements in other provisions in

Standard No. 111, 60 m should be changed to 61 m. In S9.3(b)(2), Ford

noted the center of the mirror measurement should be 95 cm, not 95

cm\2\. Ford corrected various typographical errors in Table 1,

``Conversion Table from Spherometer Dial Reading to Radius of

Curvature''. Ford noted that in Figure 1, the measurement ``1/4''

should be 6.4 mm to be consistent with S12.3 of Standard No. 111.

Standard No. 204, Steering control rearward displacement--Ford

noted that S4.2 should read ``48 km/h'', not ``48.3 km/h'', to be

consistent with the test speeds specified in Standards 219 and 301.

Standard No. 209, Seat belt assemblies--Ford noted a typographical

error in S5.2(d), which should read ``* * * 334 N on the components of

a Type 2 seat belt assembly * * *''. The final rule omitted the word

``on'' in the sentence. Ford also asked that NHTSA include g force

measurements to acceleration measurements of 7 m/s\2\ (0.7 g) and 3 m/

s\2\ (0.3 g), specified at S4.2(j) and S5.2(j).

Regulatory Impacts

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

NHTSA has examined the impact of this rulemaking action under E.O.

12866 and the Department of Transportation's regulatory policies and

procedures. This rulemaking document was not reviewed under E. O.

12866, ``Regulatory Planning and Review.'' This action has been

determined to be not ``significant'' under DOT's regulatory policies

and procedures.

In converting the Federal Motor Vehicle Safety Standards from the

English to the metric measurement system, the agency has made

conversions in a way that does not substantively change the performance

requirements of the FMVSSs. In this final rule, NHTSA makes corrections

to errors that were in the May 27, 1998 final rule. NHTSA does not

believe motor vehicle manufacturers will incur any additional costs as

a result of this final rule. The impacts of this action are so minor

that a full regulatory evaluation has not been prepared.

B. Regulatory Flexibility Act

The agency has also considered the effects of this rulemaking

action under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I

certify that this final rule will not have a significant economic

impact on a substantial number of small entities. The rationale for

this certification is that this final rule makes no substantive changes

to any Federal Motor Vehicle Safety Standards, and is limited to

correcting typographical and other errors in the May 27, 1998 final

rule that amended the Federal Motor Vehicle Safety Standards.

[[Page 50997]]

C. Environmental Impacts

In accordance with the National Environmental Policy Act of 1969,

the agency has considered the environmental impacts of this rulemaking

action and determined that as a final rule, it would not have a

significant impact on the quality of the human environment.

D. Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the final rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

E. Civil Justice Reform

This rule will not have a retroactive effect. Under Section 103(d)

of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.

1392(d)), whenever a Federal motor vehicle safety standard is in

effect, a state may not adopt or maintain a safety standard applicable

to the same aspect of performance which is not identical to the Federal

standard. Section 105 of the Act (15 U.S.C. 1394) sets forth a

procedure for judicial review of final rules establishing, amending or

revoking Federal motor vehicle safety standards. That section does not

require submission of a petition for reconsideration or other

administrative proceedings before parties may file suit in court.

F. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires

agencies to prepare a written assessment of the cost, benefits and

other effects of proposed or final rules that include a Federal mandate

likely to result in the expenditure by State, local, or tribal

governments, in the aggregate, or by the private sector, of more than

$100 million annually. Because this final rule does not have a $100

million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber

products, Tires.

In consideration of the foregoing, the Federal Motor Vehicle Safety

Standards (49 CFR Part 571), are amended as set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;

delegation of authority at 49 CFR 1.50.

2. Section 571.101 is amended by revising S5 to read as follows:

Sec. 571.101 Standard No. 101, Controls and displays.

* * * * *

S5 Requirements. Each passenger car, multipurpose passenger

vehicle, truck and bus manufactured with any control listed in S5.1 or

in column 1 of Table 1, and each passenger car, multipurpose passenger

vehicle and truck or bus less than 4,536 kg. GVWR with any display

listed in S5.1 or in column 1 of Table 2, shall meet the requirements

of this standard for the location, identification, and illumination of

such control or display.

* * * * *

3. Section 571.101 is amended by revising Table 1 and Table 2 that

follow S6. to read as follows:

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4. Section 571.104, is amended by revising in S3, the definition of

``Glazing surface reference line'' to read as follows:

Sec. 571.104 Standard No. 104; Windshield wiping and washing systems.

* * * * *

S3. * * *

Glazing surface reference line means the line resulting from the

intersection of the glazing surface and a horizontal plane 635

millimeters above the seating reference point, as shown in Figure 1 of

SAE Recommended Practice J903a, ``Passenger Car Windshield Wiper

Systems,'' May 1966.

* * * * *

5. Section 571.111 is amended by revising in S5.1.1, the first

sentence, and revising S9.3(b)(2) to read as follows:

Sec. 571.111 Standard No. 111; Rearview mirrors.

* * * * *

S5.1.1 Field of view. Except as provided in S5.3, the mirror shall

provide a field of view with an included horizontal angle measured from

the projected eye point of at least 20 degrees, and a sufficient

vertical angle to provide a view of a level road surface extending to

the horizon beginning at a point not greater than 61 m to the rear of

the vehicle when the vehicle is occupied by the driver and four

passengers or the designated occupant capacity, if less, based on an

average occupant weight of 68 kg. * * *

* * * * *

S9.2 * * *

(b) * * *

(2) Each mirror shall be located such that the distance from the

center point of the eye location of a 25th percentile adult female

seated in the driver's seat to the center of the mirror shall be at

least 95 cm.

* * * * *

6. Section 571.111 is amended by revising in S12.8, Figure 1 to

read as follows:

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7. In Sec. 571.111, Table I--``Conversion Table from Spherometer

Dial Reading to Radius of Curvature,'' following Figure 1 in S12.8, is

revised to read as follows:

Table I.--Conversion Table From Spherometer Dial Reading to Radius of

Curvature

------------------------------------------------------------------------

Radius of Radius of

Dial reading curvature curvature

(Inches) (mm)

------------------------------------------------------------------------

.00330........................................ 85.2 2164.1

.00350........................................ 80.4 2042.92

.00374........................................ 75.2 1910.1

.00402........................................ 70.0 1778.0

.00416........................................ 67.6 1717.0

.00432........................................ 65.1 1653.5

.00450........................................ 62.5 1587.5

.00468........................................ 60.1 1526.5

.00476........................................ 59.1 1501.1

.00484........................................ 58.1 1475.7

.00492........................................ 57.2 1452.9

.00502........................................ 56.0 1422.4

.00512........................................ 54.9 1394.5

.00522........................................ 53.9 1369.1

.00536........................................ 52.5 1333.5

.00544........................................ 51.7 1313.2

.00554........................................ 50.8 1290.3

.00566........................................ 49.7 1262.4

.00580........................................ 48.5 1231.9

.00592........................................ 47.5 1206.5

.00606........................................ 46.4 1178.6

.00622........................................ 45.2 1148.1

.00636........................................ 44.2 1122.7

[[Page 51001]]

.00654........................................ 43.0 1092.2

.00668........................................ 42.1 1069.3

.00686........................................ 41.0 1041.4

.00694........................................ 40.5 1028.7

.00720........................................ 39.1 993.1

.00740........................................ 38.0 965.2

.00760........................................ 37.0 939.8

.00780........................................ 36.1 916.9

.00802........................................ 35.1 891.5

.00822........................................ 34.2 868.7

.00850........................................ 33.1 840.7

.00878........................................ 32.0 812.8

.00906........................................ 31.0 787.4

.00922........................................ 30.5 774.7

.00938........................................ 30.0 762.0

.00960........................................ 29.3 744.2

.00980........................................ 28.7 729.0

.01004........................................ 28.0 711.2

.01022........................................ 27.5 698.5

.01042........................................ 27.0 685.8

.01060........................................ 26.5 673.1

.01080........................................ 26.0 660.4

.01110........................................ 25.3 642.6

.01130........................................ 24.9 632.5

.01170........................................ 24.0 609.6

.01200........................................ 23.4 594.4

.01240........................................ 22.7 576.6

.01280........................................ 22.0 558.8

.01310........................................ 21.5 546.1

.01360........................................ 20.7 525.8

.01400........................................ 20.1 510.5

.01430........................................ 19.7 500.4

.01480........................................ 19.0 482.6

.01540........................................ 18.3 464.8

.01570........................................ 17.9 454.7

.01610........................................ 17.5 444.5

.01650........................................ 17.1 434.3

.01700........................................ 16.6 421.6

.01750........................................ 16.1 408.9

.01800........................................ 15.6 396.2

.01860........................................ 15.1 383.5

.01910........................................ 14.7 373.4

.01980........................................ 14.2 360.7

.02040........................................ 13.8 350.5

.02100........................................ 13.4 340.4

.02160........................................ 13.0 330.2

.02250........................................ 12.5 317.5

.02340........................................ 12.0 304.8

.02450........................................ 11.5 292.1

.02560........................................ 11.0 279.4

.02680........................................ 10.5 266.7

.02810........................................ 10.0 254.0

.02960........................................ 9.5 241.3

.03130........................................ 9.0 228.6

.03310........................................ 8.5 215.9

------------------------------------------------------------------------

8. Section 571.116 is amended by revision S6.3 to read as follows:

Sec. 571.116 Standard No. 116, Motor vehicle brake fluids.

* * * * *

S6.3 Kinematic viscosities. Determine the kinematic viscosity of a

brake fluid in mm2/s by the following procedure. Run

duplicate samples at each of the specified temperatures, making two

times runs on each sample.

* * * * *

9. Section 571.123 is amended by revising Table 3 ``Motorcycle

Control and Display Identification'', that follows S5.2.5 and Tables 1

and 2, to read as follows:

Sec. 571.123 Standard No. 123, Motorcycle controls and displays.

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10. Section 571.203 is amended by revising in S5.1, paragraph (a)

to read as follows:

Sec. 571.203 Standard No. 203, Impact protection for the driver from

the steering control system.

S5.1 * * *

(a) When the steering control system is impacted by a body block in

accordance with SAE Recommended Practice J944 JUN80 Steering Control

System--Passenger Car--Laboratory Test Procedure, at a relative

velocity of 24 km/h, the impact force developed on the chest of the

body block transmitted to the steering control system shall not exceed

11,120 N, except for intervals whose cumulative duration is not more

than 3 milliseconds.

* * * * *

11. Section 571.204 is amended by revising in S4.2, the first

sentence to read as follows:

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

* * * * *

S4.2 Vehicles manufactured on or after September 1, 1991. When a

passenger car or a truck, bus or multipurpose passenger vehicle with a

gross vehicle weight rating of 4,536 kg or less and an unloaded vehicle

weight of 2,495 kg or less is tested under the conditions of S5 in a 48

km/h perpendicular impact into a fixed collision barrier, the upper end

of the steering column and shaft in the vehicle shall not be displaced

more than 127 mm in a horizontal rearward direction parallel to the

longitudinal axis of the vehicle. * * *

* * * * *

12. Section 571.209 is amended by revising in S4.2, paragraph(b);

revising in S4.3(j), paragraphs (1) and (2); revising in S4.4,

paragraph (a)(1); and revising in S5.2, the second sentence in

paragraph (d)(1); the second sentence in paragraph (e), and the fourth

and fifth sentences in paragraph (j) to read as follows:

Sec. 571.209 Standard No. 209, Seat belt assemblies.

* * * * *

S4.2 Requirements for webbing.

* * * * *

(b) Breaking strength. The webbing in a seat belt assembly shall

have not less than the following breaking strength when tested by the

procedures specified in S5.1(b): Type 1 seat belt assembly--26,689 N;

Type 2 seat belt assembly--22,241 N for webbing in pelvic restraint and

17,793 N for webbing in upper torso restraint.

* * * * *

S4.3 Requirements for hardware.

* * * * *

(j) * * *

(1) Shall lock before the webbing extends 25 mm when the retractor

is subjected to an acceleration of 7 m/s\2\ (0.7 g);

(2) Shall not lock, if the retractor is sensitive to webbing

withdrawal, before the webbing extends 51 mm when the retractor is

subjected to an acceleration of 3 m/s\2\ (0.3 g) or less.

* * * * *

S4.4 Requirements for assembly performance.

(a) * * *

(1) The assembly loop shall withstand a force of not less than

22,241 N; that is, each structural component of the assembly shall

withstand a force of not less than 11,120 N.

* * * * *

S5.2 Hardware.

* * * * *

(d) Buckle release. (1) * * * After subjection to the force

applicable for the assembly being tested, the force shall be reduced

and maintained at 667 N on the assembly loop of a Type 1 seat belt

assembly, 334 N on the components of a Type 2 seat belt assembly. * * *

* * * * *

(e) Adjustment Force. * * * With no load on the anchor end, the

webbing shall be drawn through the adjusting device at a rate of 508 mm

50 mm per minute and the maximum force shall be measured to

the nearest 1 N after the first 25 mm of webbing movement. * * *

* * * * *

(j) Emergency-locking retractor. * * * A retractor that is

sensitive to webbing withdrawal shall be subjected to an acceleration

of 3 m/s2 (0.3 g) within a period of 50 milliseconds (ms)

while the webbing is at 75 percent extension, to determine compliance

with S4.3(j)(2). The retractor shall be subjected to an acceleration of

7 m/s2 (0.7 g) within a period of 50 milliseconds (ms),

while the webbing is at 75 percent extension, and the webbing movement

before locking shall be measured under the following conditions: For a

retractor sensitive to webbing withdrawal, the retractor shall be

accelerated in the direction of webbing retraction while the retractor

drum's central axis is oriented horizontally and at angles of 45 deg.,

90 deg., 135 deg., and 180 deg. to the horizontal plane. * * *

* * * * *

13. In Sec. 571.302, Figure 1, after S5.1.1, is revised to read as

follows:

Sec. 571.302 Standard No. 302; Flammability of interior materials.

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Issued on: September 21, 1998.

L. Robert Shelton,

Associate Administrator for Safety Performance Standards.

[FR Doc. 98-25609 Filed 9-23-98; 8:45 am]

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