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Final-Rule-Occupant-Protection-Amendment-Automated-Vehicles.pdf
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Final-Rule-Occupant-Protection-Amendment-Automated-Vehicles.pdf
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The Deputy Administrator of the National Highway Traffic Safety Administration, Steven S. Cliff,
Ph.D., signed the following final rule on March 10, 2022, which the Agency is submitting for
publication in the Federal Register. While NHTSA has taken steps to ensure the accuracy of this
Internet version of the final rule, it is not the official version of the final rule. Please refer to the
official version in a forthcoming Federal Register publication, which will appear on the
Government Printing Office’s FDSys website (www.gpo.gov/fdsys/search/home.action) and on
Regulations.gov (http://www.regulations.gov/). Once the official version of this document is
published in the Federal Register, this version will be removed from the Internet and replaced
with a link to the official version.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Docket No. NHTSA-2021-0003
RIN 2127-AM06
Occupant Protection for Vehicles With
Automated Driving Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of
Transportation.
ACTION: Final rule.
SUMMARY: This final rule amends the occupant protection Federal motor vehicle safety
standards (FMVSSs) to account for future vehicles that do not have the traditional manual
controls associated with a human driver because they are equipped with Automated Driving
Systems (ADS). This final rule makes clear that, despite their innovative designs, vehicles with
ADS technology must continue to provide the same high levels of occupant protection that
current passenger vehicles provide. The occupant protection standards are currently written for
traditionally designed vehicles and use terms such as “driver’s seat” and “steering wheel,” that
are not meaningful to vehicle designs that, for example, lack a steering wheel or other driver
controls. This final rule updates the standards in a manner that clarifies existing terminology
while avoiding unnecessary terminology, and, in doing so, resolves ambiguities in applying the
standards to ADS-equipped vehicles without traditional manual controls. In addition, this final
rule amends the standards in a manner that maintains the existing regulatory text whenever
possible, to make clear that this rule maintains the level of crash protection currently provided
occupants in more traditionally designed vehicles. This final rule is limited to the
crashworthiness standards to provide a unified set of regulatory text applicable to vehicles with
and without ADS functionality.
DATES: Effective date: [insert date 180 days following publication of this final rule in the
FEDERAL REGISTER]. Optional early compliance (i.e., prior to the effective date) is
permitted. Petitions for reconsideration must be received on or before [insert date 45 days after
date of publication in the FEDERAL REGISTER].
ADDRESSES: If you wish to petition for reconsideration of this rule, you should refer in your
petition to the docket number of this document and submit your petition to: Administrator,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue, S.E., West Building,
Washington, D.C., 20590.
Privacy Act. The petition will be placed in the docket. Anyone is able to search the
electronic form of all documents received into any of our dockets by the name of the individual
submitting the document (or signing the document, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you
may visit http://dms.dot.gov.
Confidential Business Information: If you wish to submit any information under a claim
of confidentiality, you should submit three copies of your complete submission, including the
information you claim to be confidential business information, to the Chief Counsel, NHTSA, at
the address given under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential business information,
to Docket Management at the address given above. To facilitate social distancing due to
COVID-19, NHTSA is treating electronic submission as an acceptable method for submitting
confidential business information (CBI) to the Agency under 49 C.F.R. Part
512. https://www.nhtsa.gov/coronavirus
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact Mr.
Louis Molino, Office of Crashworthiness Standards, Telephone: 202-366-1740, Facsimile: 202-
493-2739. For legal issues, you may contact Ms. Sara R. Bennett, Telephone: 202-366-7304 or
Mr. Daniel Koblenz, Telephone: 202-366-5329, Office of Chief Counsel. Address: National
Highway Traffic Safety Administration, 1200 New Jersey Avenue S.E., Washington, D.C.
20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. NPRM
III. Introduction to this Final Rule
IV. Implications
a. New and current terms and definitions
1. NPRM’s approach to driver definition
2. Newly defined, new, modified, and relocated terms
3. Driver’s designated seating position, Manually operated driving controls
4. Passenger seating position
5. Steering wheel to steering control
6. Outboard designated seating position
7. Row and Seat outline
8. Driver air bag and Driver Dummy
b. Modifying spatial references in test procedures and definitions that rely on the presence of a
driver’s seat and/or manual-operated driving controls
1. Driver’s seat
2. Dummy placement in bench seats
3. Driver’s side and passenger side
4. Steering controls as a spatial reference
c. Dual-mode certification
d. Parking brake and transmission position
V. Occupant-less Vehicles
a. General observations
b. FMVSS No. 205, Glazing materials
c. Vehicle crash compatibility
d. FMVSS Nos. 212, Windshield mounting and 219, Windshield zone intrusion
VI. FMVSS No. 208, Occupant crash protection
a. Advanced air bags
b. Telltales
c. Front outboard versus center or inboard seating position
d. Suppression of vehicle motion when a child is detected in the driver’s seat
e. Belts in buses
f. Corrections to FMVSS No. 208 regulatory text
VII. Amendments to Various FMVSSs
VIII. Effective Date
IX. Cost and Benefit Impacts of this Final Rule
X. Regulatory Notices and Analyses
I. Executive Summary
NHTSA has been evaluating its Federal Motor Vehicle Safety Standards (FMVSSs) to
identify where concepts or terminology used in the standards do not account for the designs that
the agency expects, and industry confirms, could accompany certain vehicles equipped with
Automated Driving Systems (ADSs).
1
NHTSA has detailed in previous rulemaking notices the
activities it has undertaken in its evaluation. These activities include initial evaluation of the
1
An ADS is defined as the “hardware and software that are collectively capable of performing the entire [dynamic
driving task] on a sustained basis, regardless of whether it is limited to a specific operational design domain (ODD);
this term is used specifically to describe a Level 3, 4, or 5 driving automation system.” SAE International
J3016_201806 Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor
Vehicles. While this notice uses the term “ADS-equipped vehicle” it focuses on SAE Level 4 and Level 5 vehicles
that lack traditional manual controls.
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